Individual Instructor Contract

  • Last updated: August 3rd 2023

This agreement (“Agreement”) is formed between My Instructor Inc.  (hereinafter referred to as the “My Instructor”). and you (the “Independent Instructor”)

  1. Utilizing the My Instructor Platform.

Independent Instructor acknowledges that My Instructor offers an online and mobile platform that enables individuals looking for Tutoring (“Learner”) to find and hire Instructors (“Instructor”) at a time, location, style, and duration agreed upon by the Learner and Instructor (“Session”) through the My Instructor Platform (“Platform”). Independent Instructor requests access to the Platform as a Instructor by signing this Agreement, subject to the restrictions outlined in this Agreement and the Platform Service Terms of Use.

2. Status of Independence.

Independent Instructor acknowledges that My Instructor does not directly or indirectly engage Independent Instructor to provide any services whatsoever and that any engagement of Independent Instructor’s services through the Platform is undertaken exclusively by the Learner who has chosen Independent Instructor through the Platform to provide Tutoring services. My Instructor merely offers an Internet-based marketplace for Instructors and Learners. There is no partnership, joint venture, employment, independent contractor, or other connection between Independent Instructor and My Instructor as a result of this Agreement, the Service Terms of Usage, or use of the Platform. The parties intend that Independent Instructor will be treated as an independent company offering Tutoring services rather than an independent contractor of My Instructor or My Instructor’s employee for any purposes, including, without limitation, the application of the Fair Labor Standards Act minimum wage and overtime provisions or any comparable state law, the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, and any other purpose for which an independent contractor of a party other than My Instructor or My Instructor’s employee is required to

3. Lack of Exclusiveness.

Insofar as they do not contravene the Service Terms of Use or avoid using the Platform once a Learner has been identified to Instructor by My Instructor through the Platform, Independent Instructor is free to engage in and simultaneously perform any employment or other services during the term of this Agreement. Independent Instructor and My Instructor acknowledge that this Agreement is nonexclusive. Nothing in this clause prevents Independent Instructor from promoting or offering its services to the public outside of the Platform. On the Platform, an Independent Instructor is not permitted to market or offer to sell any products or services that are unrelated to Independent Tutoring services.

4. Scheduling/Cancellation Fee for the Session.

Independent Instructors are required to determine their own working hours and only use the Platform to book their sessions with students. In the event that a Learner cancels or does not show up for a Session, Independent Instructor will decide what cancellation and late fees, if any, Independent Instructor will charge.

5. Service Fee for My Instructor.

Independent Instructor is the only one who sets and modifies the session or hourly charge. Independent Instructor agrees to pay a fee to My Instructor (“My Instructor Service Fee”) for the use of the Platform and gives My Instructor permission to debit the My Instructor Service Fee immediately from the Learner’s payment that My Instructor receives on Independent Instructor’s behalf. A portion of the money that the learner gives My Instructor will go toward the My Instructor Service Fee. According to the Payment Terms of Service, My Instructor will withhold 25% of the price of session determined by the instructor, and each Instructor registered after January 1st 2024, will pay $10/month to use the My Instructor platform. Independent Instructor acknowledges that Independent Instructor will not, under any circumstances, attempt to seek or get payment directly from Learners.

6. Payout Services

In addition to agreeing to follow by My Instructor’s payment terms of service, Independent Instructor also promises not to interfere with the payment process or divert money that would typically be made payable to Independent Instructor through My Instructor. For the benefit of the Independent Instructor and Learner, the Platform will give a summary of the services rendered together with a report on the session length. Independent Instructor will be compensated in line with My Instructor’s Payment Terms of Service, subject to the approval of the session hours by the Instructor’s Student.

7. Costs and Resources.

Independent Instructor understands that My Instructor will not cover any costs Independent Instructor incurs in connection with providing services, including, without limitation, costs connected to scheduling and conducting sessions, purchasing instructional materials and other items, and travel.

8. Fees and taxes

All taxes and fees that are owed on behalf of Learners as a result of the services Independent Instructor renders to Learners are the responsibility of Independent Instructor. No taxes of any sort, including federal, state, municipal, and payroll taxes, shall be withheld by My Instructor on behalf of the Independent Instructor. Independent Instructor is aware that paying any necessary taxes is his or her obligation.

9. Advantages.

Independent Instructor understands that they are not My Instructor’s employees and that they are operating their own independent business. As a result, they are not entitled to join in any of My Instructor’s pension, health, or other fringe benefit plans.

10. No Insurance

For Independent Instructor, My Instructor shall not get Workers’ Compensation Insurance. Independent Instructor is aware that adhering to the Workers’ Compensation Law is their obligation. Furthermore, Independent Instructor is aware that it is Independent Instructor’s duty to get any additional insurance coverage necessary for the services Independent Instructor offers to Learners.

11. Maintaining privacy.

Independent Instructor understands that, in the course of providing its services, it may come into touch with Learner(s)’ names, addresses, phone numbers, and other personal information or requests for Sessions (“Confidential Information”). During the term of this Agreement and after, Independent Instructor acknowledges that Independent Instructor has a duty to Learner(s) to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm, or corporation or use it other than as required in providing services in accordance with this Agreement. Instructor Records

12.  Instructor Records

Independent Instructor recognizes that My Instructor may store and utilize for administrative needs a copy of any documents prepared or received by Independent Instructor in connection with the administration of services rendered hereunder (“Instructor Records”). For the purposes of this Agreement, “Instructor Documents” does not refer to items that are purely used for teaching Sessions, such as lesson plans, takeaways, summaries, quizzes, and assignments.

13. Hold Harmless and Indemnify.

The Independent Instructor will Indemnify and hold harmless My Instructor, its subsidiaries, affiliates, other independent contractors, and each of their respective directors, officers, employees, and agents from and against any and all claims, losses, expenses, costs, liabilities, and damages (including any reasonable legal fee(s) and expense(s), any and all injuries, whether direct, indirect, consequential, or incidental in nature, which result from, are connected to, or arise out of the performance My Instructor does not conduct any background checks on users, including, without limitation, Instructor’s Students or their parents or guardians, and makes no claims to Independent Instructor regarding the suitability, character, or background of any My Instructor user or Learner (including, without limitation, Learner(s) or their parents or guardians). When deciding whether to offer Tutoring services to a potential Learner, Independent Instructor is solely responsible for using Independent Instructor’s own standards, procedures, and/or discretion. Independent Instructor is aware of and concurs that it is Independent Instructor’s duty to perform any and all background checks and references on prospective Learners and other Platform users. While Independent Instructor is under no obligation to pursue any teaching opportunities, they must also abide by My Instructor’s non-discrimination policy.

14. Assignment of copyright.

Articles, lessons, worksheets, Tutorials, files, testimonials, reviews, video submissions, and blog posts submitted by Independent Instructors are all considered Platform Content by My Instructor. My Instructor does not claim ownership of this content and is under no obligation to use it. Any Platform Content that Independent Instructor provides in conjunction with the Platform shall be assumed to be supplied on a non-confidential basis unless expressly specified below. Independent Instructor grants My Instructor an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish any Platform Content. My Instructor shall be free to use or distribute such Platform Content without restriction for any purpose (including in digital form). Independent Instructor represents and declares that Independent Instructor has the required authority for the worldwide transmission and processing of any information that Independent Instructor may give on the Platform among My Instructor, its affiliates, and third-party suppliers.

15. Assignment

Without My Instructor’s prior written authorization, which it may withhold in its sole discretion, Independent Instructor is not permitted to assign or transfer this Agreement.

16. Honor in the classroom.

Independent Instructor promises not to assist, encourage, or knowingly participate in any violations of academic integrity (such as completing assignments, writing papers, taking tests for others, or completing work in violation of conduct policies of a school, university, academic institution, or workplace) or other wrongdoing involving a Learner—by using the Platform.

17. Platform use can be deleted.

Anytime they choose, Independent Instructors can delete their accounts. For the following reasons, My Instructor has the right to terminate an Independent Instructor’s account: (A) The Independent Instructor’s breach of the Platform Service Terms of Use of My Instructor. (B) Independent Instructor’s flagrant violation of this Agreement, the Service Terms of Use, the Instructor Payment Policy, the Non-Discrimination Policy, the Community Guidelines, the Payment Terms of Service, or any other wrongful use of the Platform by Independent Instructor. (C) My Instructor’s perception that Independent Instructor has misused Learners from the Platform for Independent Instructor’s own advantage. (D) My Instructor’s suspicion that a restraining order has been issued or that they have been found guilty of any felony or misdemeanor involving abuse, violence, sexual activity, conduct involving minors, fraud, theft, or endangerment. (E) The Independent Instructor’s unwillingness to work cooperatively to address repeated or excessive concerns from Learners. (F) The Independent Instructor’s continuous inability to do so when contacted directly through the Instructor’s account. (G) On three (3) days’ written notice to the Independent Instructor, for any other cause. In the case that My Instructor discontinues Independent Instructor’s usage of the Platform, My Instructor will send a deactivation email message.

19. Modification.

This Agreement may only be altered or updated in writing, with the signatures of Independent Instructor and, on behalf of My Instructor, its authorized representative, and with specific reference to this Agreement as the subject of such alteration. The parties acknowledge and agree that any amendment or modification hereunder may be made in a manner that constitutes an electronic transaction within the meaning of the New York Uniform Electronic Transactions Act and the Uniform Electronic Transactions Act, so long as the amendment or modification in question otherwise complies with the terms of this clause.

20. Severability

The remainder of this Agreement and that term, provision, covenant, or condition shall remain in full force and effect in the event that any term, provision, covenant, or condition of this Agreement or any part thereof is found to be invalid, unenforceable, or void, 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, to be:

21. Included Service Terms of Use

This Agreement is hereby incorporated by reference to the My Instructor Service Terms of Use.

22. The rule of law.

Without respect to principles of conflict of laws, this Agreement shall be governed by and interpreted in conformity with the substantive laws of the State of New York.

23. Arbitration:

According to the Arbitration clause in the My Instructor Service Terms of Use, any disagreement between the parties relating to this Agreement must be settled by binding arbitration.

24. Complete agreement.

All prior written or oral agreements, understandings, commitments, and practices between the parties regarding the subject matter of this Agreement, including any prior agreements, if any, between My Instructor and Independent Instructor, are hereby terminated and shall have no further effect. This Agreement contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes, cancels, and annuls any such prior or contemporaneous agreements, understandings, commitments, and practices.

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