Private Tutor (Minors) Agreement (Company)
BS.PROF.05
This Private Tutor (Minors) Agreement (Company) is designed for use where a
tuition company provides a qualified school teacher to supply individual
private lessons (“tuition sessions”) to a minor (i.e. any person under 18)
whose parent or guardian wishes to have their child tutored in any academic
school subject.
If tuition sessions are to be provided online rather than face to face, you should instead use the Website Terms of Sale - Online Tuition (Minors) (B2C) template in our Online Professional Services Website Terms of Sale (B2C) subfolder.
There is an accompanying document in this Group for use where the tutor
does not work through a music tuition company but instead works on a
self-employed basis and the tutor is a sole trader who contracts personally
with each client.
Since the pupil will be a minor, the template provides for the agreement to
be between the company and the parent/guardian of the pupil, not with the
pupil. The template also includes a number of other provisions necessary or
appropriate where the pupil is a minor.
This template does not specify any particular subject to be taught, but it
is suitable for teaching any academic subject usually taught in schools in
the UK.
The parent or guardian pays a standard fee for each tuition session booked.
The template allows for booking and paying for either single sessions or a
series of sessions, and it provides for the possibility of allowing a
discount where more than a stated number of sessions is paid for in
advance.
This template agreement contains clauses which cover tuition sessions
taking place at either the company’s/teacher’s premises or the student’s
home. (This form of agreement is not suited to a company providing a tutor
for a child who is being home schooled).
In the interests of ensuring that the potential for misunderstandings is
minimised and to try to ensure that the student is able to make
satisfactory progress, the template also includes optional provisions
dealing with the company’s commitments to the student, what is required/
expected of the student and his/her parent/guardian, and various practical
and legal issues (including matters such as booking and cancelling lessons,
and payment).
This agreement should be used only where the person booking or receiving
tuition sessions is a “consumer” as defined in the Consumer Rights Act 2015
(i.e. an individual who requests or receives services or uses facilities
for his/her personal use and for purposes wholly or mainly outside the
purposes of any business of that individual or another). This document is
suitable for use where the contract is an “on premises”, “off premises” or
“distance” contract as defined in the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013. (Detailed guidance
on the Regulations can be found in our Information Pages.) The Regulations
require you to supply certain information to clients who are consumers
before they book any lessons. Where the contract is an “off premises” or
“distance” contract, the Regulations also confer on the client certain
rights to cancel the lesson/s booked. The template sets out the necessary
provisions relating to the 2013 Regulations to help you comply with them.
This document is compliant with the GDPR (General Data Protection
Regulation). The Data Protection clause in it refers to a Privacy Notice
available on request/attached, and you might wish to use our standard
Privacy Notice for this purpose: you can find it by clicking
here
.
Designed to be as flexible as possible, this document contains a number of
optional clauses and/or phrases. Optional phrases / clauses are enclosed in
square brackets. These should be read carefully and selected so that they
are compatible with one another. Unused options should be removed from the
document.
This Private Tutor (Minors) Agreement (Company) contains the following
clauses:
1. Definitions and Interpretation
2. Booking, Timing and Cancellation of Tuition Sessions, and Consumer
Rights
3. Fees and Payment
4. Eligibility to require provision of Tuition Sessions under this
Agreement
5. Miscellaneous
6. Health and Safety, [and] Professional References, [and DBS]
7. Rules
8. Events Beyond Our Reasonable Control
9. Limitation of Liability
10. Status and Authority of Tutors
11. Changes to Terms and Conditions of this Agreement
12. How We Use Your and the Student’s Personal Information (Data
Protection)
13. Regulations
14. Information
15. Complaints
16. No Waiver
17. Severance
18. Law and Jurisdiction
Schedule:
Names of Tutors
Miscellaneous
[and Privacy Notice])
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