Independent Tutor Agreement

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

  1. Permission to use Wyzant’s marketplace. Independent Tutor acknowledges that Wyzant operates an Internet-based marketplace allowing individuals seeking the services of a tutor (each, a “Student” and collectively, “Students”) to identify and retain the services of individuals who provide tutoring services (each, a “Tutor” and collectively, “Tutors”). By entering into this Agreement, Independent Tutor seeks permission to access Wyzant’s marketplace for the express purpose of promoting his/her/their independent business, 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.

  2. Tutor status. Independent Tutor acknowledges that Wyzant provides nothing more than an Internet-based marketplace for prospective Students to identify and retain the services of prospective Tutors. Independent Tutor further acknowledges that Wyzant does is directly or indirectly engaging Independent Tutor to render any services whatsoever to Wyzant, and that any engagement of Independent Tutor’s services through the Wyzant website (“Site”) is undertaken exclusively by the Student 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 franchisor-franchisee relationship between Independent Tutor and Wyzant. It is the parties' express intention that Independent Tutor will operate an independent business providing tutoring services to Students. For avoidance of doubt, Independent Tutor is not, and shall at no time be deemed under this Agreement or otherwise to be, an independent contractor or employee of Wyzant for any purpose whatsoever, including, without limitation, the application of the Fair Labor Standards Act, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state or local income tax law, any state workers' compensation laws, any state unemployment insurance law, and any other applicable federal, state, or local law.

  3. Non-exclusivity. Independent Tutor and Wyzant acknowledge that this Agreement is nonexclusive. For avoidance of doubt, during the term of this Agreement, Independent Tutor shall at all times be free to engage in any other work or business, whether or not related to tutoring or other instruction, and whether or not such other work is full-time, part-time, piecemeal, or pursuant to any other scheduling arrangement. Nothing herein precludes Independent Tutor from advertising or providing Independent Tutor’s services to the general public.

  4. Hours/Cancellation Fee. Independent Tutor shall set its own hours and schedule its own sessions with Students. Independent Tutor shall be solely responsible for determinin its own cancellation policy and/or fees (if any) in the event a Student cancels or does not show for a session.

  5. Platform Fee. Independent Tutor shall exclusively determine its own session rate. Independent Tutor expressly agrees to pay a fee for the use of the Site (“Platform Fee”) and authorizes Wyzant to deduct the Platform Fee directly from the payments collected from Students by Wyzant on Independent Tutor’s behalf. The Platform Fee shall be determined pursuant to Wyzant’s Tutor Payment Policies. Independent Tutor agrees that under no circumstances will Independent Tutor attempt to seek or receive compensation for services provided hereunder directly from Students.

  6. Payment system. Independent Tutor agrees to abide by Wyzant’s Tutor Payment Policies and agrees not to attempt to subvert or otherwise avoid same, or to divert funds ordinarily payable to Independent Tutor through Wyzant. Prior to commencing tutoring sessions or meeting with any Student for any purpose, Independent Tutor must verify with Wyzant that the prospective Student has submitted appropriate billing information to Wyzant. Wyzant is not responsible for payments for sessions given before a prospective Student has appropriate billing information on file. Upon completion of each tutoring session, Independent Tutor shall (utilizing the Site) report the length of such session, in order to enable Wyzant to initiate collection of Independent Tutor’s fees. If requested by a Student, Independent Tutor shall also include a summary of services performed, solely for Student’s use.

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

  8. Supplies. Independent Tutor acknowledges that Wyzant will not provide any supplies, materials or equipment required by Independent Tutor to complete any services rendered to any Student pursuant to this Agreement.

  9. 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. Wyzant shall not withhold (or allocate in any other manner) any amount of Independent Tutor’s fees toward any federal, nor state, or local income tax, or toward payroll tax of any kind.

  10. Benefits. Independent Tutor acknowledges that Independent Tutor is engaged in an independent business, and as such, is not (and shall at no time become) eligible to participate in any pension, health, or other fringe benefits plan of Wyzant.

  11. Insurance. No Workers' Compensation Insurance shall be obtained by Wyzant 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.

  12. 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 provided hereunder.

  13. Tutor documents. Independent Tutor acknowledges that a copy of all documents created by or received from Independent Tutor in connection with the services performed hereunder ("Tutor Documents") may be retained by Wyzant and used solely for administrative and/or record-keeping purposes.

  14. Indemnity and hold harmless clause. Independent Tutor agrees to indemnify and hold harmless Wyzant, 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 Wyzant offers an Internet-based marketplace for prospective Students to connect with prospective Tutors. Accordingly, Wyzant makes no representations to Independent Tutor about the suitability, character or background of any Wyzant user (including, without limitation, Students or their parents/guardians), nor does Wyzant perform any type of background check on users (including, without limitation, Students or their parents/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 prospective Student. Independent Tutor understands and agrees that it is Independent Tutor’s responsibility to conduct any and all background and reference checks regarding prospective Students and other Site users.

  15. Copyright Assignment. Wyzant does not claim ownership or licensure 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 shall be deemed to be provided on a non-confidential basis. Wyzant shall be free to use or disseminate such Site Content on an unrestricted basis for any purpose, and Independent Tutor grants Wyzant 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 Wyzant, its affiliates, and third-party providers) of any information that Independent Tutor may provide on the Site.

  16. Assignment. Independent Tutor may not assign or transfer this Agreement without the express prior written consent of Wyzant.

  17. 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 Student.

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

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

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

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

(d) 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 Student’s complaint or excessive complaints.

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

(g) For any other reason or for no reason, on 30 days’ written notice to Independent Tutor.  

In the event Wyzant terminates Independent Tutor’s platform use, Wyzant 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 Wyzant, 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 and Illinois Electronic Commerce Security Act 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 Wyzant 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 Illinois, 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 Wyzant Terms of Use.

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

 

Was this article helpful?
7 out of 8 found this helpful

Comments

Article is closed for comments.