PRIVATE TUTORING AGREEMENT
This Private tutoring Agreement (hereinafter referred to as “the Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] hereinafter referred as the “Effective Date”) between:
[INSERT NAME OF THE TUTOR] residing at [INSERT ADDRESS OF THE TUTOR] (hereinafter referred to as the “Tutor” and
[NAME OF THE INDIVIDUAL] residing at [ADDRESS OF THE INDIVIDUAL] (hereinafter referred as the “Client/Guardian”.
The Tutor and the Client shall be collectively referred as “Parties” and individually as “Party”.
WHEREAS:
- The Tutor is engaged in providing Private tuition services.
- The Client wishes to obtain such services for his/her child (hereinafter referred to as “Student) from the Tutor to enhance child’s educational performance and understanding in various subjects as mentioned below.
- The Tutor has the necessary expertise and experience in such services and is willing to provide such services to the Client.
- The parties are duly authorized and have the capacity to enter into this agreement.
- Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.
NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Parties have agreed as follows:
- DEFINITIONS
- “Agreement “shall mean this Private Tutoring Agreement.
- “Tutoring Services “shall mean the Private tuition services as mentioned in this agreement.
- “Fees” shall mean the payment made to the tutor for rendering the services.
- “Commencement date “shall mean the start date on which the tutor begins providing the services to the student.
- “Client” shall mean both the guardian and the student collectively. It is understood that all references to the client in this agreement shall be taken to refer to the guardian’s contractual representation of the student.
- TERM AND TERMINATION
- The term shall commence on the effective date hereof and shall continue for a period of [INSERT TERM OF THE AGREEMENT], unless terminated earlier or extended as per the terms of this agreement.
- Notwithstanding any other provisions herein contained, and without prejudice to any other rights, either party shall have the right to terminate the present Agreement by giving the other party a written notice of [INSERT NOTICE PERIOD FOR TERMINATION] days.
- SCOPE OF SERVICES
- The Tutor agrees to provide the tutoring services in the following subjects:
[INSERT SUBJECTS].
- The Tutor agrees to prepare lesson plans tailored to student’s needs and academic goals.
- The tutor shall provide instruction and explanations to improve the Student’s understanding of the subject matter.
- The Tutor shall assign and review homework to reinforce learning.
- The Client has no right to assign any other services to the Tutor other than as specifically mentioned in this agreement.
- SCHEDULE AND HOURS
- The Agreed schedule and hours of service shall be as follows: [INSERT DAYS AND HOURS OF SERVICE].
- Any changes to the schedule must be mutually agreed upon in advance by both the parties.
- PAYMENT
- The Client agrees to pay the Tutor a monthly fee for the services provided. The monthly payment shall be calculated based on the total number of schedule hours in that month at the agreed rate of [INSERT AMOUNT].
- All payments made to the Tutor under this Agreement must be in [INERT FIAT CURRENCY]. The payment shall be made via [INSERT MODE OF PAYMENT].
- Failure to make the monthly payment may result in suspension of the tutoring services until payment is received.
- CANCELLATION AND RESCHEDULING
- The client must notify the tutor at least 24 hours in advance if a session needs to be cancelled or rescheduled. If proper notice is not given the client agrees to pay for the missed session.
- DUTIES AND RESPONSIBILITIES
- The tutor shall be punctual and conduct sessions as per the agreed schedule.
- The Tutor shall maintain the confidentiality of all personal and academic information related to the student.
- The Tutor shall provide regular feedback and suggestions for improvement to both the student and client.
- The student shall come to each session prepared and with all necessary materials.
- The student shall actively participate in the sessions and complete any assignments or homework given by the Tutor.
- The Client shall communicate any concerns or changes in schedule to the Tutor in a timely manner.
- The Client shall ensure timely payment of fees as outlined in this Agreement.
- FORCE MAJEURE
- Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
- APPLICABLE LAW
- This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY OF APPLICBALE LAWS].
- The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner:
- By direct negotiations between the Tutor and Client.
- If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF DISPUTE BETWEEN THE PARTIES] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
- NOTICES
- Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions. In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
- If to the Tutor: [INSERT EMAIL ID OR/AND ADDRESS OF THE TUTOR]
- If to the Client: [INSERT EMAIL ID OR/AND ADDRESS OF THE CLIENT]
- Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
- DISPUTE RESOLUTION
- The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
- All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
- MISCELLANOUS
- Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
- Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the [INSERT LANGUAGE OF ALL COMMUNICATION].
- Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
- No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
- Amendments and Assignments: Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
- Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
- DECLARATION
- The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties.
IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.
Signed, sealed and delivered on behalf of Tutor
Name: [INSERT NAME OF THE TUTOR]
Signature:
Date: [INSERT SIGNING DATE OF THE TUTOR]
Signed, sealed and delivered on behalf of Client
Name: [INSERT NAME OF THE CLIENT]
Signature:
Date:[INSERT SIGNING DATE OF THE CLIENT]