Private Tutor (Minors) Agreement (Company)
This document has been updated with a simplified data protection clause which refers to a separate privacy notice, removing references to specific legislation for ease of use. Full details of personal data use should be provided in that document.
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.
There is an accompanying document 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.
The Data Protection clause in this document refers to a Privacy Notice available on request/attached, and you might wish to use the 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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