Viera Academy Tutor Agreement
This is a legal agreement ("Agreement") between you, the Independent Tutor ("Tutor"), and Viera Academy, INC. ("Viera Academy"). The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act ("UETA").
During the term of this Agreement, the Tutor agrees not to contact, initiate contact, or attempt to do business with, at any time for any purpose, either directly or indirectly, any student, or otherwise referred by the Disclosing Party to the Recipient for the purpose of circumventing, the result of which shall to be prevent the Disclosing Party from realizing a profit, fees, or otherwise, without the specific written approval of the Disclosing Party; such approval will be specifically granted in written form by the Disclosing Party on a case-by-case basis. If such circumvention shall occur, the Disclosing Party shall be entitled to any commissions due pursuant to this Agreement relating to such transaction.
Description of Work.
The Tutor will be responsible for providing tutoring instruction ("Sessions"). The Tutor will retain absolute discretion as to the manner and means of carrying out Tutor’s tutoring services. Tutor shall determine Tutor’s own cancellation policy. Lesson cancellations are subject to a service fee.
Tutor and Viera Academy acknowledge that this Agreement is nonexclusive and Tutor is free to engage in and simultaneously perform any employment or other services during the pendency of this Agreement. Nothing herein precludes Tutor from advertising or providing Tutor’s services to the general public.
Tutor shall set Tutor’s own hours and schedule Tutor’s own Sessions. Tutor shall generally render services as needed to perform Tutor’s duties hereunder as set forth in the Description of Work.
Tutor determines and adjusts Tutor’s own hourly Session rate. Tutor shall receive that rate less a percentage paid to Viera Academy for its services. The percentage is based on the total number of Session hours Tutor has tutored to Viera Academy students as set forth in the Tutor Payment Policies.
Tutor shall be paid by a Viera Academy student who has retained Tutor through the Site through the Viera Academy payment processing system for any services rendered to Viera Academy students. Under no circumstances is Tutor to attempt to seek or receive compensation directly from Viera Academy students. Prior to commencing Sessions or meeting with Viera Academy students for any purpose, Tutor must verify with Viera Academy that the student has submitted appropriate billing information. Viera Academy is not responsible for payments for Sessions given before a student has appropriate billing information on file. For student billing purposes, Tutor will report the length of each session completed through the Tutor's administrative page on Viera Academy’s website (https://viera.academy). If requested by the student and for their use, the Tutor will enter a summary of service performed. Subject to the review by the student of the session times submitted, Tutor shall be paid in accordance with Viera Academy’s Tutor Payment Policies.
Tutor agrees to abide by Viera Academy’s Tutor Payment Policies. Tutor also agrees not to subvert the payment system or to divert funds ordinarily payable to Tutor through Viera Academy.
Tutor is solely responsible for all costs and expenses related to the services provided hereunder including, but not limited to, expenses associated with preparing for and administering Sessions, educational materials and transportation. Viera Academy will not be liable to Tutor for any expenses incurred in the rendition of services.
Tutor will provide Tutor’s own supplies and equipment required to complete the tasks for which he/she was retained.
Tutor is responsible for all federal, state, and/or local tax purposes. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld by Viera Academy on behalf of Tutor. Tutor understands that it is Tutor’s responsibility to pay any applicable taxes.
Tutor acknowledges that Tutor is engaged in an independent business and is not eligible to participate in any pension, health, or other fringe benefits plan of Viera Academy.
No Workers' Compensation Insurance shall be obtained by Viera Academy for Tutor. Tutor understands that it is Tutor’s responsibility to comply with the Workers' Compensation Law.
Tutor acknowledges that, during the performance of services, Tutor will have access to information relating to student's identity, address, contact information, and other personal information or requests for services ("Confidential Information"). Tutor agrees that Tutor owes a duty to Viera Academy and such third parties, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out the services consistent with this Agreement.
Tutor acknowledges that a copy of all documents created or received by Tutor in connection with the administration of services performed hereunder ("Tutor Documents") may be retained by Viera Academy and used for its administrative purposes. For purposes of this Agreement, Tutor Documents does not include materials solely associated with the teaching of Sessions including Session plans, notes, outlines, tests and homework and Viera Academy acknowledges these materials belong to the Tutor.
Indemnity and hold harmless clause.
Tutor agrees to indemnify and hold harmless Viera Academy, its subsidiaries, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the performance by Tutor of work performed in relation to this Agreement, including any act by Tutor inconsistent with Tutor's status as an Independent Tutor.
Tutor understands that Viera Academy offers an Internet-based marketplace for those seeking tutoring services to connect with those seeking to provide tutoring services. Accordingly, Viera Academy makes no representations to Tutor about the suitability, character or background of any Viera Academy user (including, without limitation, Viera Academy students or their parents or guardians), nor does Viera Academy perform any type of background check of users including, without limitation, Viera Academy students or their parents or guardians). It is Tutor's sole duty to exercise Tutor’s own judgment, protocols and/or standards when considering whether to engage in tutoring services with each student or client. Tutor understands and agrees that it is tutor’s responsibility to conduct any and all background and reference checks regarding other Viera Academy users. Tutor is never obligated by Viera Academy to pursue any tutoring opportunity.
Tutor acknowledges that all site content submitted by Tutor will be the property of Viera Academy and may be distributed by Viera Academy at the company's sole discretion. Such content includes, but is not limited to, articles, lessons, worksheets, quizzes, tutorials, files, testimonials, reviews, video submissions, and blog entries ("Site Content").
Tutor acknowledges that the Site Content Tutor creates for use on the Site is being created by a Tutor as a "work made for hire" under the United States Copyright Act and, at all stages of development, the Site Content shall be and remain the sole and exclusive property of Viera Academy. At Viera Academy’s sole, absolute and unfettered discretion, Viera Academy may make any changes in, deletions from, or additions to the Site Content. If for any reason the Site Content Tutor creates hereunder is determined at any time not to be a work made for hire, Tutor hereby irrevocably transfers and assigns to Viera Academy all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto.
This Agreement and the respective duties of the parties hereunder shall continue until terminated by either party in accordance with this Agreement.
Tutor may not assign or transfer this Agreement without the prior written consent of Viera Academy.
Termination of relationship.
Either party may terminate this Agreement for any reason at any time.
This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by Tutor and, on behalf of Viera Academy, by its duly authorized officer. The parties agree that any amendment or modification hereunder may be transacted by electronic means within the meaning of the UETA provided that that any such amendments or modifications otherwise comply with the requirements in this paragraph.
If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
Terms of arrangement.
Viera Academy accepts a tutor as user for an indefinite period, subject to the provisions of this Agreement. Tutors have been removed from the website in the past for a material breach of this Agreement and for a failure to follow Viera Academy administrative procedures.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Florida, without regard to conflict of law rules.
This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between Viera Academy and Tutor, which agreement(s) hereby are terminated and shall be of no further force or effect.