Tutor Agreement

This is a legal agreement (“Agreement”) between you (“Independent Tutor”) and myTutorHub, Inc. (“myTutorHub”). The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act (“UETA”).

1) Permission to use myTutorHub’s platform. Independent Tutor acknowledges that myTutorHub provides an Internet-based platform for individuals seeking the services of a tutor to identify and retain the services of individuals seeking to provide tutoring services. By entering into this Agreement, Independent Tutor seeks permission to access myTutorHub’s platform subject to the terms and conditions set forth in this Agreement.

2) Tutor status. Independent Tutor acknowledges that myTutorHub provides only an Internet-based platform for individuals seeking the services of a tutor to identify and retain the services of individuals seeking to provide tutoring services. Independent Tutor further acknowledge that myTutorHub does not directly or indirectly engage Independent Tutor to render any services whatsoever and that any engagement of Independent Tutor’s services through the myTutorHub website (“Site”) is undertaken exclusively by the individual who has selected Independent Tutor through the Site to provide tutoring services (“Tutor’s Student”). Neither this Agreement, the Terms of Use, nor use of the Site creates an independent contractor, employee/employer, partnership, joint venture, or franchiser-franchisee relationship between Independent Tutor and myTutorHub. It is the parties’ intention that Independent Tutor will be an independent business providing tutoring services and not an independent contractor of myTutorHub or myTutorHub’s employee for any purposes, including, without limitation, the application of the Fair Labor Standards Act minimum wage and overtime provisions or any similar state law, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state income tax law, or any local income tax law, any state workers’ compensation laws, any state unemployment insurance law, and any other federal or state law.

3) Non-exclusivity. Independent Tutor and myTutorHub acknowledge that this Agreement is nonexclusive and Independent Tutor is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Nothing herein precludes Independent Tutor from advertising or providing Independent Tutor’s services to the general public. Independent Tutor may not advertise or offer to sell any goods or services for any commercial purpose on the Site that are not relevant to providing tutoring services on an independent basis.

4) Hours. Independent Tutor shall set Independent Tutor’s own hours and schedule Independent Tutor’s own sessions with Tutor’s Students. 

5) Platform Fee. Independent Tutor exclusively determines and adjusts Independent Tutor’s session rate. Independent Tutor consents to pay a fee for the use of the Site (“Platform Fee”) and authorizes myTutorHub to deduct the Platform Fee directly from the Tutor’s Students’ payments myTutorHub collects on behalf of Independent Tutor. The Platform Fee shall be a percentage of the amount paid by Tutor’s Students to myTutorHub. The percentage shall be as set forth in the Tutor Payment Policies. Independent Tutor agrees that under no circumstances will Independent Tutor attempt to seek or receive compensation directly from Tutor’s Students.

6) Payment system. Independent Tutor agrees to abide by myTutorHub’s Tutor Payment Policies and agrees not to subvert the payment system or to divert funds ordinarily payable to Independent Tutor through myTutorHub. Prior to commencing tutoring sessions or meeting with Tutor’s Students for any purpose, Independent Tutor must verify in myTutorHub platform that the prospective Tutor’s Student has submitted appropriate payment to myTutorHub. 

7) Expenses. Independent Tutor acknowledges that myTutorHub will not reimburse Independent Tutor for any expenses incurred by Independent Tutor related to Independent Tutor’s rendering of services, including, without limitation, expenses associated with preparing for and administering sessions, educational and other materials, and transportation.

8) Taxes. Independent Tutor is responsible for all federal, state, and/or local taxes due as a result of the services Independent Tutor provides to Tutor’s Students. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by myTutorHub on behalf of Independent Tutor. Independent Tutor understands that it is Independent Tutor’s responsibility to pay any applicable taxes.

9) Benefits. Independent Tutor acknowledges that Independent Tutor is engaged in an independent business and not as an employee, and is not eligible to participate in any pension, health, or other fringe benefits plan of myTutorHub.

10) Insurance. No Workers’ Compensation Insurance shall be obtained by myTutorHub for Independent Tutor. Independent Tutor understands that it is Independent Tutor’s responsibility to comply with the 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 to Tutor’s Students.

11) Confidentiality. Independent Tutor acknowledges that, during the performance of services, Independent Tutor will have access to information relating to 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 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 consistent with this Agreement.

12) Tutor documents. Independent Tutor acknowledges that a copy of all documents created or received by Independent Tutor in connection with the administration of services performed hereunder (“Tutor Documents”) may be retained by myTutorHub and used for its administrative purposes. For purposes of this Agreement, Tutor Documents does not include materials solely associated with the teaching of Sessions including Session plans, notes, outlines, tests and homework and myTutorHub acknowledges these materials belong to the Independent Tutor.

13) Indemnity and hold harmless clause. Independent Tutor agrees to indemnify and hold harmless myTutorHub, 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 in relation to this Agreement, including any act by Independent Tutor inconsistent with Independent Tutor’s obligations and duties under this Agreement. Independent Tutor understands that myTutorHub offers an Internet-based platform for those seeking tutoring services. Accordingly, myTutorHub makes no representations to Independent Tutor about the suitability, character or background of any myTutorHub user (including, without limitation, Tutor’s Students or their parents or guardians), nor does myTutorHub perform any type of background check of users including, without limitation, Tutor’s Students or their parents or guardians). It is Independent Tutor’s sole duty to exercise Independent Tutor’s own judgment, protocols and/or standards when considering whether to engage in tutoring services with a potential Tutor’s Students. Independent Tutor understands and agrees that it is Independent Tutor’s responsibility to conduct any and all background and reference checks regarding potential Tutor’s Students and other Site users. Independent Tutor is never obligated by myTutorHub to pursue any tutoring opportunity.

14) Copyright Assignment. myTutorHub does not claim ownership of content that Independent Tutor provides on the Site including, but is not limited to, articles, lessons, worksheets, tutorials, files, testimonials, reviews, video submissions, and blog entries (“Site Content”) and shall have no obligation of any kind with respect to such content. Unless otherwise stated herein, any Site Content that Independent Tutor provides in connection with the Site shall be deemed to be provided on a non-confidential basis. myTutorHub shall be free to use or disseminate such Site Content on an unrestricted basis for any purpose, and Independent Tutor grants myTutorHub an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish any Site Content (including in digital form). Independent Tutor represents and warrants that Independent Tutor has proper authorization for the worldwide transfer and processing among myTutorHub, its affiliates, and third-party providers of any information that Independent Tutor may provide on the Site.

15) Assignment. Independent Tutor may not assign or transfer this Agreement without the prior written consent of myTutorHub.

16) Academic Dishonesty. Independent Tutor agrees not to use the Site to engage in academic dishonesty (e.g., completing assignments, writing papers, taking tests on someone’s behalf, or work completion in violation of conduct policies of a school, university, academic institution or workplace) or other misconduct involving a Tutor’s Student.

17) Deactivation of Platform Use. Independent Tutor may deactivate their account at any time.  myTutorHub may deactivate an Independent Tutor’s account for the following reasons:

  (a) Independent Tutor’s failure to meet myTutorHub’s platform requirements.

  (b) Independent Tutor’s material breach of this Agreement, Independent Tutor’s violation of the myTutorHub Terms of Use or Tutor Payment Policies, or misuse of           the Site.

  (c) myTutorHub’s good faith belief of Independent Tutor’s misappropriation of Tutor’s Students from the Site for Independent Tutor’s own pecuniary gain.

  (d) myTutorHub’s good faith belief of entry of a restraining order or conviction of any felony or misdemeanor involving violence, sexual conduct, conduct involving a        minor, abuse, fraud, larceny, or endangerment.

  (e) Independent Tutor’s failure to cooperate in good faith to resolve a Tutor Student’s complaint or excessive complaints.

  (f) Independent Tutor’s repeated failure to respond timely to direct contacts through Tutor’s account.  

  (g) For any other reason on 30 days written notice to Independent Tutor.  

In the event myTutorHub terminates Independent Tutor’s platform use, myTutorHub will provide an email notification of deactivation.  

1) 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, on behalf of myTutorHub, by its duly authorized officer. The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the UETA provided that any such amendments or modifications otherwise comply with the requirements in this paragraph.

2) 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 such term, provision, covenant, or condition 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.

3) Incorporation of terms of use. The myTutorHub Terms of Use are hereby incorporated into this Agreement.

4) Governing law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, without regard to conflict of law rules.

5) Arbitration. Any dispute between the parties related to this Agreement shall be resolved by binding arbitration in accordance with the Arbitration provision in the myTutorHub Terms of Use.

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 myTutorHub and Independent Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.

 

Tutor Agreement