Private Tutoring Agreement

PRIVATE TUTORING AGREEMENT

This Private Tutoring Agreement is made on ________, between ________, an individual, of the following address:

________

Hereinafter referred to as (the "Guardian " which expression shall where the context so admits include its successors-in-title and assigns) of the one part;

AND

________, an individual of the following address:

________

Hereinafter referred to as (the "Tutor" which expression shall where the context so admits include its successors-in-title and assigns) of the other part.

BACKGROUND

A. The Guardian shall be contracting the Tutor on behalf of ________ and wishes to retain the services of the Tutor to provide the Tutoring Services described in this Agreement to the Client.

B. The Tutor acknowledges that the Guardian has hired the Tutor based on the Tutor's skills and educational qualifications and the Tutor has agreed to provide the Tutoring Services in accordance with the terms and conditions herein contained in this Agreement.

IN CONSIDERATION of the mutual benefits, promises and obligations outlined in this Agreement, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

1. AGREEMENT

1.1. The Tutor has agreed to provide the following services to the Client (the Tutoring Services") according to the terms of this Agreement:

________

1.2. The Tutor shall use their skills and expertise to render the Tutoring Services to the Client.

2. TERM OF AGREEMENT

This Agreement will commence on ________ and shall end on ________ without any option for renewal.

3. INDEPENDENT CONTRACTOR

The Tutor acknowledges that the Tutor is hired as an independent contractor and nothing in this Agreement shall be construed to imply that the Tutor is an employee or the Guardian's authorized agent. Therefore, the Tutor shall retain control as to how to provide the Tutoring Services to the Client. The Tutor shall be entitled to their basic remuneration and shall not be entitled to employment benefits as stipulated under the law.

4. WORK LOCATION AND SCHEDULE

4.1. The Tutor shall be required to work from the following location:

________

4.2. The Tutor shall work within the following schedule:

________

5. SCHEDULE

5.1. The Tutoring Services shall be divided into phases and shall be described as follows (the "Sessions"):

5.1.1. The first session shall involve the following:

________

5.1.2. The second session shall involve the following:

________

5.2. The Tutor is hired to provide Tutoring Services based on the Tutor's skills and expertise. Therefore, notwithstanding any other provision to the contrary, the Tutor shall not contract, transfer the obligation, or otherwise outsource the provision of the Tutoring Services to another party.

6. CANCELLATION OF SESSION

6.1. If the Guardian cancels any lesson or session, within the following period before the session is set to commence, the Guardian shall not incur any charges.

6.2. If the Tutor wishes to reschedule a schedule for some reason, the Tutor shall give adequate notice to the Guardian, and both Parties can agree on a convenient date to reschedule the session. The Guardian shall not incur costs for any cancelled session, except such session has been rescheduled.

7. FEES AND PAYMENT

7.1. As compensation for the Tutoring Services rendered by the Tutor under this Agreement, the Tutor shall receive a one time fixed fee in the sum of ₦________ (________) for the Tutor's Services (the "Fee").

7.2. Such compensation will be made in cash.

7.3. The Tutor shall be entitled to be reimbursed for all incidental and out-of-pocket expenses reasonably incurred on behalf of the Guardian, provided that same has been authorized by the Guardian before being incurred and with the provisions of appropriate receipts. The payment shall be made before the Tutoring Service is provided. If the payment is not made before the stipulated period, the tutoring is not confirmed.

7.4. If the Guardian fails to pay the Fees after the due date, the Guardian shall pay ₦________ (________) to the Tutor as late fees.

8. 88252855885 82 585 2855855 55588

552 55225 5252525228 22 52 58 2288288:

(________). 552 55225 85588 2528852 252 82588828 5888222282 525 8825 552 8552.

(________). 552 55225 85588 82 52822288882 225 252 252888822 22 588 22288 525 285822222 228288552 22 522525 252 82588828 52858525 52525 2588 825222222.

(________). 552 552828 252 8288552 8585 22525 25828 85885 252 2552828 252 52522 22.

(________). 552 28882528228 252 2522 2822 22 2822 855222 58 525225 5222 82 252 2552828.

9. OBLIGATIONS OF THE GUARDIAN

Under this Agreement, the Guardian shall have the following obligations:

(I). to pay the Tutor's Fee, out-of-pocket expenses and all other fees required;

(II). to provide all documents necessary for the performance of the services required under this Agreement; and

(III). the Guardian shall pay all relevant taxes required under the law.

10. TERMINATION

If the Guardian fails to pay the Fee, the Tutor shall have the right to rescind the Agreement. If the Tutor fails to provide the Tutoring Services described in Clause 1 of this Agreement or fails to fulfill the obligations under Clause 8 of this Agreement, the Guardian shall have the right to terminate the Agreement. Upon termination based on circumstances described in this Clause:

(I). the Tutor shall immediately cease performance of Tutoring Services;

(II). the Guardian shall pay any outstanding Fees, late fees, and any other outstanding payments;

(III). the Guardian shall return all materials, and documents, belonging to the Guardian;

(IV). if the Tutor violates any part of this Agreement, the Guardian shall have the right to rescind the Agreement and be entitled to damages and any injunctive or equitable reliefs.

11. CONFIDENTIALITY OBLIGATIONS

11.1. The Parties acknowledge that by this Agreement, the Tutor may have access to personal non-public confidential information about the Guardian or the Client. Consequently, the Tutor agrees to maintain the confidentiality of such information.

11.2. Confidential information includes all information or materials of whatever nature relating to the purpose disclosed to the Tutor by sharing of any written material or by any oral or written statement whatsoever which includes but is not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademark, soft wares, drawings, programmes but shall not include the following information or data:

(I) which can be established by written records to be already known to the Tutor or the public at the time of the disclosure;

(II) which enters the public domain through no fault of the Tutor;

(III) is given by the Guardian to third parties without any restrictions;

(IV) is given to the Tutor by any third party who is in possession of such information and has the legal right to disclose it; or

(V) that is required by law to be disclosed.

12. FORCE MAJEURE

12.1. Neither party shall, before the Expiration or Termination Date, be liable for any failure to fulfill any term of this Agreement if the fulfillment has been delayed, hindered, interfered with, or prevented by force majeure, which in this Agreement, shall mean any circumstances:

(I) which is beyond a Party's control;

(II) which such Party could not have reasonably avoided or overcome; and

(III) which is not attributable to the other Party.

12.2. Without prejudice to the generality of the foregoing, force majeure shall include the following events and circumstances:

(I) war, hostilities, or invasion;

(II) rebellion, terrorism, revolution, insurrection, military or usurped power;

(III) riot, civil disorder, or other acts that may reasonably affect the ability of the Party to fulfill its obligations under this Agreement.

13. INTELLECTUAL PROPERTY

The Client or Guardian shall retain ownership of any material, pattern, works, designs, or other works of intellectual property the Client creates as an assignment or task completed during any one of the tutoring Sessions or in the course of the tutorials. The Tutor shall retain ownership of the Tutor's works of the intellectual property provided for use during the tutoring Sessions.

14. INDEMNITY

The Tutor agrees to indemnify and hold the Guardian and the Client harmless against any lawsuit, action, damages, liabilities, the expense of any kind whatsoever, judgement, settlements and any kind of loss that may incur as a result of the Tutor's conduct and breach of any term contained in this Agreement, which may include any harm or injury suffered by the Guardian or Client or any third party due to the Tutor's negligence, misconduct, or mistake.

15. MODIFICATION AND VARIATION

The Parties can modify any part of this Agreement with the express consent of the other Party. If the Parties agree to vary the entire Agreement and a new Agreement is created to regulate the relationship of the Parties, this Agreement shall be terminated. If any part of the modified version of this Agreement becomes invalid or unenforceable, the remaining parts shall be valid.

16. DISPUTE RESOLUTION

The Parties agree to use their best endeavours to negotiate and settle any dispute or difference of opinion between them, arising from or connected with this Agreement amicably through negotiation. If the Parties cannot resolve their disputes within 30 days, the matter shall be referred to mediation. If the Parties cannot resolve their dispute or reach a mutual settlement through mediation, the matter shall be referred to arbitration.

17. MISCELLANEOUS

17.1. Variation: This Agreement may be amended or varied by either of the Parties, and such variation must be agreed to and signed by the Parties to this Agreement. No delay or omission to exercise any right under this Agreement shall be construed as a waiver.

17.2. Notices: All notices under this Agreement may be given orally or in writing. The notices shall either be delivered personally or mailed by certified mail to the other Party's address or that other Party's attorney.

17.3. Headings: Headings in this Agreement are used for convenience and shall not be construed to limit or affect the terms of this Agreement.

17.4. Counterparts: This Agreement may be executed in counterparts, all of which constitute one Agreement.

17.5. Entire Agreement: This Agreement and any other agreement described as an addendum to this Agreement constitute the entire agreement between the Parties and supersede any prior contrary written or oral agreement made between them.

17.6. Assignment: No Party shall assign any of its obligation or duties under this Agreement, without the prior written consent of the other Party.

17.7. Enurement: This Agreement will enure the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

17.8. Cumulative Rights: The rights of the Parties in this Agreement are cumulative and shall not be construed as exclusive except as otherwise stated by the law.

17.9. Waivers: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to such benefit. No delay, or omission to exercise any right shall not be construed as waiver.

17.10. Severability: If any part of this Agreement is held unenforceable, the remainder of this Agreement shall continue to be in force and have effect.

17.11. Further Assurance: The Parties shall execute and deliver all such documents and take all such actions and all steps to procure the performance of all such acts as may be necessary or incidental to give effect to the provisions of this Agreement.

IN WITNESS WHEREOF the parties have duly executed this Agreement this day and year first written above.

SIGNED, SEALED, AND DELIVERED by the within named ________

________________________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................

SIGNED, SEALED, AND DELIVERED by the within named ________

________________________

in the presence of:

Name................................................................................................................

Address.............................................................................................................

Occupation........................................................................................................

Signature..........................................................................................................