Tutor, Instructor, Coach or Mentor (Adults) 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 Tutor, Instructor, Coach or Mentor (Adults) Agreement (Company) is designed for use where a private company supplies the expert tuition services of a teacher, tutor, instructor, trainer, mentor, coach or similar ("tutor") 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.
There is an accompanying document for use where the tutor does not work through a tuition company but instead works on a self-employed basis and the tutor is a sole trader who contracts personally with each client.
This template agreement is suitable for dealing with any client who is an adult. It is not suitable where the client or student is a minor. You may find that one of the other documents in this subfolder is suitable or can be appropriately adapted.
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 company’s/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 company’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 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 Tutor, Instructor, Coach or Mentor (Adults) Agreement (Company) 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
6. Health and Safety, [and] Professional References,
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)
16. No Waiver
18. Law and Jurisdiction
Names of Tutors
[and Privacy Notice])
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