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Tutor, Instructor, Coach or Mentor (Adults) Agreement (Self-Employed)

BS.PROF.01

This Tutor, Instructor, Coach or Mentor (Adults) Agreement (Self-Employed) is designed for use where any self-employed teacher, tutor, instructor, trainer, mentor, coach or similar ("tutor") provides their expert services privately to any adult client. If the services are to be provided online rather than face to face, you should instead use the Website Terms of Sale - Online Tuition, Mentoring, Teaching etc (Adult) (B2C) template.

This document has been updated with a simplified data protection clause which refers to a separate privacy notice. Full details of personal data use should be provided in that document.

This document is suitable for use by any tutor who is a sole trader contracting personally with a client. (If the tutor instead works through a company, the accompanying document for use in that case should be used by the company).

This template agreement is suitable for dealing with any client who is an adult. It is not suitable where the client is a minor or where the student is a minor.

This agreement does not specify what the subject of the services will be, but it may be of any nature, e.g. any general or particular life skill, or any knowledge, skill, expertise, or qualification in any business, commercial, professional, technical, IT, academic, practical, or creative subject etc.

For teaching/instruction in dance, yoga, pilates or for personal training, you should refer instead to the documents in Professional Fitness, Dance and Gym Services Terms and Conditions .

The client pays a standard fee for each session booked. This 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 agreement contains clauses which cover sessions taking place at either the tutor's premises or the client’s home or other premises.

In the interests of ensuring that the potential for misunderstandings is minimised and to try to ensure that the client is able to make satisfactory progress, the template also includes optional provisions dealing with the tutor's commitments to the client, what is required/expected of the client, and various practical and legal issues (including matters such as booking and cancelling sessions, and payment).

This template agreement should be used only where the person booking or receiving 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 the tutor 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 our standard Privacy Notice for this purpose: you can find it by clicking here.

Designed to be as flexible as possible, this template 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 Tutor, Instructor, Coach or Mentor (Adults) Agreement (Self-Employed) contains the following clauses:

1. Definitions and Interpretation

2. Booking, Timing and Cancellation of Sessions, and Consumer Rights

3. Fees and Payment

4. Eligibility to require provision of Sessions under this Agreement

5. My Commitment/Miscellaneous

6. Health and Safety and Professional References

7. Rules

8. Events Beyond My Reasonable Control

9. Limitation of Liability

10. Changes to Terms and Conditions of this Agreement

11. How I Use Your Personal Information (Data Protection)

12. Regulations

13. Information

14. Complaints

15. No Waiver

16. Severance

17. Law and Jurisdiction

Schedule:

1. Subject

2. Miscellaneous

3. [Privacy Notice]

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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