AGREEMENT BETWEEN INDEPENDENT CONTRACTOR AND COMPANY FOR TUTORING SERVICES
This agreement is made and entered into by and between Tutor Club USA, an assumed name of ‘Power Learning & Tutoring Academy Inc. a Texas limited liability company (the “Company”) and _________________________, an individual (“Contractor”), and contains the following mutual representations, covenants, and agreements:
The Company is in the business of providing tutoring services to students. The Company, in the operation of its business, desires to subcontract such tutoring services incident to the operation of the Company’s business. Contractor agrees to provide the services specified in this Agreement under the terms and for the prices as stated herein.
Nature of Services:
The Contractor will be responsible for providing one-on-one or group tutoring instruction on the dates and times scheduled by the Company. The Contractor agrees to provide his or her own transportation to and from the tutoring location and timely arrive at all scheduled appointments.
The Contractor agrees that he or she shall be solely responsible for acquiring, and shall acquire, all necessary equipment and supplies necessary or desirable to prepare and perform the services to be performed under this agreement. Further, the Contractor shall respond to all inquiries of customers of Contractor to the best of his or her ability.
Location of Services:
Contractor will provide tutoring services for Company customers in the following area:
- Location assured by customer (Student’s home).
- Location assured by Tutor.
- Location assured by company.
Contractor agrees to provide a weekly report regarding tutoring services provided on behalf of Company. Contractor shall provide such additional tutoring plan progress reports and final results reports with respect to customers of the Company as the Company shall reasonably require.
Acknowledges of Understanding:
The undersigned Tutor (hereafter called “Contractor”) has entered into an Independent Contractor Agreement for Academic Consulting Services (the “Contractor Agreement”) with Tutor Club USA, an assumed name of ‘Power Learning & Tutoring Academy Inc.’ a Texas Limited Liability Company having a principal place of business in DFW Metroplex, Texas (hereafter called the “Company”), which is engaged in the business of tutoring services.
By signing this agreement, Contractor acknowledges his or her understanding of the following:
- The Company has information generally not known outside the Company called “confidential information”. All companies must conduct their business through their employees and independent contractors, and consequently many employees and independent contractors must have access to confidential information. At times, the Contractor himself or herself may generate confidential information as a part of his or her services rendered to Company.
- The phrase “confidential information” as used in this agreement comprises any technical, financial, marketing, computer program, regardless of the medium on which they are stored data. This list is merely illustrative and the confidential information covered by this agreement is not limited to such illustrations.
- The Company’s confidential information represents the most important, valuable, and unique aspect of Company’s business, and it would be seriously damaged if Contractor breached the position of confidential trust Company has placed in him or her by disclosing such confidential information to others or by departing and taking with him or her the aforesaid unique information compiled over a period of time for the purpose of the Contractor competing against the Company or disclosing such information to the Company’s competitors, now existing or hereafter formed.
Confidentiality Agreement & Covenants Not to Compete:
1. Confidential information is proprietary to company:
Contractor agrees to hold such information in strictest confidence, and not to make use thereof except in performance of duties under the Contractor Agreement.
2. Covenants Not to Compete:
Contractor agrees as follows:
- Contractor require special training to enhancement of skills and be professional in tutoring. Company will provide such knowledge and training at Company’s skilled professional or external tutor’s trainer, which could be subsequently used to the detriment of Company, Contractor expressly covenants that for a period of three years following the termination of this agreement, or his employment, for any reason.
- He or she will not directly or indirectly own, manage, operate or be connected with the ownership, management, operation or control of, consult with, or be an employee for any business offering tutoring services to customers or clients of the Company within the metropolitan area specified in the Contractor Agreement and within five (15) miles of such metropolitan area.
3. Non-Disclosure of Terms:
Ancillary to the agreement for confidentiality, Contractor agrees to keep all terms of the Contractor Agreement and this agreement, including but not limited to information about Contractor’s compensation, and will not disclose any such information to any third party, specifically including any other independent contractors in a similar relationship with the Company, and any customers or clients of Company.
4. Purpose of Covenant Not to Compete:
Company and Contractor agree and acknowledge that the above Covenant Not to Compete is entered into for the purpose of protecting Company's trade secrets from dissemination and thereby causing harm to Company's business through unfair competition.
5. Liquidated Damages:
Company retains the rights to all customers (students) to whom the Contractor renders services under the Contractor Agreement for the period of the above Covenant Not to Compete. In the event Contractor renders tutoring services for any such customer during this period other than pursuant to the Contractor Agreement, Contractor shall pay Company, as liquidated damages, the minimum of $2,500.00 for each such customer (student).
6. Attorney’s Fees:
Contractor further agrees that in the event Company finds it reasonably necessary to employ attorneys to enforce the covenants and agreements herein contained, Contractor shall pay its reasonable attorney’s fees and related legal costs.
7. Successors and Assigns:
Contractor agrees that this agreement shall continue to be binding and controlling in the event of assignment thereof by Company or upon acquisition of it in any other manner by Company’s successor, if any.
8. Sexual and other Unlawful Harassment:
Tutor Club USA is committed to providing a work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive, including sexual harassment. Actions, words, jokes, or comments based on an individual’s sex, race, color, national origin, age, religion, disability, sexual orientation, or any other legally protected.
If you experience or witness sexual or other unlawful harassment in the workplace, report it immediately to Tutor Club USA Human Resources Department. You can raise concerns and make reports without fear of reprisal or retaliation. All allegations of sexual harassment will be quickly and discreetly investigated. When the investigation is completed, you will be informed of the outcome of the investigation.
Anyone engaging in sexual or other unlawful behavior will be subject to disciplinary action, up to and including termination of employment. Please see in our employment contract guide for details.