Parties 

1. BK Tutoring registered as Sole Trader in Edinburgh, whose registered office is at [REGISTERED OFFICE ADDRESS]; and 

1. [NAME OF FREELANCE TUTOR], whose address is at [ADDRESS] (Freelance Tutor)  

Agreed terms 

1. Interpretation 

The following definitions and rules of interpretation apply in this agreement (unless the context requires otherwise). 

1. Definitions: 

1. BK Tutoring Property: all online tools, website, plugins and electronic resources (documents, manuals, records, correspondence and information) on whatever media and wherever located, relating to the business or affairs of BK Tutoring as well as business contacts, any equipment, hardware or software provided for the Freelance Tutor’s use by BK Tutoring during the Engagement. 

1. Commencement Date: [DATE OF COMMENCEMENT OF ENGAGEMENT]. 

1. Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, customers, BK Tutoring, Freelance Tutors, products, affairs and finances of BK Tutoring. 

1. Engagement: the engagement of the Freelance Tutor by BK Tutoring on the terms of this agreement. 

1. Intellectual Property Rights: copyright and related rights to use and keep all materials prepared for the Services provided for BK Tutoring during the time the Freelance Tutor is engaged by BK Tutoring. Right to protect the confidential information and all other intellectual property rights. 

1. Services: the services provided by the Freelance Tutor for BK Tutoring as more particularly described in Schedule 1.  

1. Student: a pupil or student to whom the Service is offered. 

1. Termination Date: the date of termination or expiry of this agreement, howsoever arising. 

1. The headings in this agreement are inserted for convenience only and shall not affect its construction. 

1. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. 

1. Term of engagement 

1. BK Tutoring shall engage the Freelance Tutor and the Freelance Tutor shall provide the Services on the terms of this agreement. 

1. The Engagement shall commence on the Commencement Date and shall continue unless and until terminated: 

1. as provided by the terms of this agreement; or 

1. by either party giving to the other not less than 2 weeks prior written notice in form of an email communication.  

1. Duties and obligations 

1. During the Engagement the Freelance Tutor shall: 

1. provide the Services with due care, skill and ability, which can be reasonably expected based on the disclosed qualifications and experience and use all reasonable endeavours to promote the interests of BK Tutoring; 

1. disclose any criminal convictions and cautions to BK Tutoring in the process of recruitment and prior to undertaking teaching activities. Also all criminal convictions and cautions that may be issued after registering with BK Tutoring must be reported immediately 

1. be required to attend an Onboarding Training Session that BK Tutoring makes available to them upon joining the Service and to keep up with all notifications about Service updates and changes as provided by BK Tutoring during the course of the Engagement;  

1. if unable to provide the Service due to illness, injury or any other serious reason, advise BK Tutoring of that fact as soon as reasonably practicable;  

1. use reasonable endeavours to ensure that they are available for the Service booked with them through BK Tutoring. It is their responsibility to prepare all teaching materials and plan each online lesson. The Freelance Tutor is expected to log in to their online lesson on time, use their microphone and camera and be dressed suitably for teaching; 

1. be responsible for providing their own equipment and stable internet connectivity. They will have access to their own personal laptop and a quiet working environment for the duration of each online tutorial; 

1. be expected to reply to all messages from BK Tutoring as soon as possible, but not later than 3 working days unless they have made it clear that they are taking a break; 

1. state their availability to deliver online tutorials for BK Tutoring. However, they will be able to update the availability regularly to suit their needs. When updating the availability, the Freelance Tutor should honour all previously booked tutorials and ask BK Tutoring to contact their existing Students should their lessons need to be rearranged; and 

1. be obliged to deliver a lesson once they have accepted an online booking. 

1. Unless they have been specifically authorised to do so by BK Tutoring in writing, the Freelance Tutor shall not: 

1. have any authority to incur any expenditure in the name of or for the account of BK Tutoring; or 

1. hold themselves out as having authority to bind BK Tutoring. 

1. The Freelance Tutor shall: 

1. comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption. (Relevant Requirements); 

1. promptly report to BK Tutoring any request or demand for any undue financial or other advantage of any kind received by the Freelance Tutor in connection with the performance of this agreement. 

1. Fees 

1. BK Tutoring shall pay the Freelance Tutor an agreed hourly fee of £XXX per hour of teaching inclusive of VAT. Payment shall be in pound sterling (GBP) and will be made automatically using Stripe to the nominated bank account.  

1. The Freelance Tutor shall be paid in full without any set-off, counterclaim, deduction or withholding other than the deduction of a flat fee of £8 of each hour of teaching. 

1. The hourly rate agreed between the Freelance Tutor and BK Tutoring includes any necessary preparation and familiarisation with the content of tuition, prior to delivery, as well as any required follow-up, such as post-tuition feedback within 3 days of the tuition, given after every other class.  

1. BK Tutoring will not be liable to the Freelance Tutor for any loss of earnings resulting from a lesson cancelled by the Student within the 8 hours cancellation period or from a cancellation made by the Tutor. If the Student cancels the online lesson with less than 8 hours’ notice, the Freelance Tutor will be paid 50% of their fee for that lesson had the Student not cancelled and they can take another class in its place, should such be available to them at a short notice. 

1. Other activities 

Nothing in this agreement shall prevent the Freelance Tutor from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation during the Engagement provided that: 

1. such activity does not cause a breach of any of the Freelance Tutor’s obligations under this agreement; and  

1. the Freelance Tutor will not transfer his clients from the provision offered by the Services of BK Tutoring to any other business activities undertaken by the Freelance Tutor during the course of the Engagement. 

1. General 

BK Tutoring cannot guarantee the frequency of any tutoring opportunities to the Freelance Tutor. 

1. Confidential information 

1. The Freelance Tutor acknowledges that in the course of the Engagement they will have access to Confidential Information. The Freelance Tutor has therefore agreed to accept the restrictions in this clause 7. 

1. The Freelance Tutor shall not (except in the proper course of its duties), either during the Engagement or at any time after the Termination Date, use or disclose to any third party (and shall use their best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to: 

1. any use or disclosure authorised by BK Tutoring or required by law; or 

1. any information which is already in, or comes into, the public domain otherwise than through the Freelance Tutor’s unauthorised disclosure. 

1. Safeguarding  

1. Given that the Freelance Tutor will work with children and young adults, they may come across a Student who is upset or discloses some personal issues during the tutorial. In such case, the Freelance Tutor should make it clear to the Student that they are not responsible for any matters that may be arising and will need to signpost the issue to BK Tutoring, where a staff member with relevant training and experience will decide on appropriate referrals.  

1. Data Protection 

1. The Freelance Tutor procures that they shall consent to BK Tutoring holding and processing their personal data for administrative and management purposes. 

1. The Freelance Tutor agrees to abide by all reasonable and lawful requirements of BK Tutoring and/or the Student in relation to the provision of the online tuition, including protection of Confidential Information, Health and Safety, GDPR and Data Protection, Equality and other on-site requirements. 

1. Intellectual Property 

1. The Freelance Tutor hereby agrees to share with BK Tutoring all existing and future Intellectual Property Rights to the Materials, Lessons and Teaching Methodology to the fullest extent permitted by law. Insofar as they do not vest automatically by operation of law or under this agreement, the Freelance Tutor holds legal title in these rights and inventions on trust for BK Tutoring.  

1. The Freelance Tutor undertakes: 

1. whenever requested to do so by BK Tutoring and in any event on the termination of the Engagement, promptly to deliver to BK Tutoring all correspondence, documents, papers and records on all media (and all copies or abstracts of them), recording or relating to any part of the Materials and the process of their creation which are in their possession, custody or power; 

1. The Freelance Tutor undertakes at any time either during or after the Engagement, to execute all documents, make all applications, give all assistance and do all acts and things as may, in the opinion of BK Tutoring, be necessary or desirable to vest the Intellectual Property Rights in, and to register them in, the name of BK Tutoring and to defend BK Tutoring against claims that Materials and Lessons embodying Intellectual Property Rights infringe third party rights, and otherwise to protect and maintain the Intellectual Property Rights to the Materials, Lessons and Teaching Methodology. 

1. Insurance and liability 

10.1 It remains the responsibility of the Freelance Tutor to obtain all necessary insurances in respect of professional indemnity. BK Tutoring will not provide any insurance that covers any liability to the Tutor.  

1. Termination 

Notwithstanding the provisions of clause 2.2, either party may terminate the Engagement with immediate effect if the other party  

1. suspends payment of its debts;  

1. commences negotiations with any class of creditors with a view to rescheduling any of its debts;  

1.  appoints an administrator; or  

1.  an event occurs in a jurisdiction that has an effect equivalent or similar to any of the events mentioned in this clause 11.  

1. Obligations on termination 

1. On termination or expiry of this agreement the Freelance Tutor shall immediately deliver to BK Tutoring all BK Tutoring Property and original Confidential Information in their possession or under their control. 

1. On the termination or expiry of this agreement BK Tutoring shall immediately pay to the Freelance Tutor all of the Freelance Tutor’s outstanding unpaid invoices and, in respect of the Services supplied but for which no invoice has been submitted, the Freelance Tutor may submit an invoice, which shall be payable immediately on receipt.  

1. Status  

1. The relationship of the Freelance Tutor to BK Tutoring will be that of independent contractor and nothing in this agreement shall render them an employee, worker, agent or partner of BK Tutoring and the Freelance Tutor shall not hold itself out as such. 

1. This agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Freelance Tutor shall be fully responsible for and shall indemnify BK Tutoring for and in respect of any income tax and national insurance contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law.  

1. Notices 

1. Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be sent by email to the following email addresses: 

Freelance Tutor: [EMAIL ADDRESS] 

BK Tutoring: admin@bktutoring.co.uk 

1. Entire agreement 

This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 

1. Variation  

No variation of this agreement or of any of the documents referred to in it shall be effective unless it is in writing and signed by the parties. 

1. Counterparts 

This agreement may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement. 

1. Governing law 

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland, with Scottish courts having exclusive jurisdiction. 

This agreement, consisting of this and the preceding pages, is executed as follows: