Independent Tutor Agreement

Permission to use IvyWhiz’s marketplace: Independent Tutor acknowledges that IvyWhiz operates an Internet-based marketplace allowing individuals seeking the services of a tutor (each, a "Student" and collectively, "Students") to identify and retain the services of individuals who provide tutoring services (each, a "Tutor" and collectively, "Tutors"). By entering into this Agreement, Independent Tutor seeks permission to access IvyWhiz’s marketplace for the express purpose of promoting his/her/their independent business, subject to the terms and conditions set forth in this Agreement. Independent Tutor may not advertise or offer to sell any goods or services for any commercial purpose on the Site that are not directly related to the provision of tutoring services on an independent basis.

Tutor status: Independent Tutor acknowledges that IvyWhiz provides nothing more than an Internet-based marketplace for prospective Students to identify and retain the services of prospective Tutors. Independent Tutor further acknowledges that IvyWhiz is not directly or indirectly engaging Independent Tutor to render any services whatsoever to IvyWhiz, and that any engagement of Independent Tutor’s services through the IvyWhiz website ("Site") is undertaken exclusively by the Student who has selected Independent Tutor through the Site to provide tutoring services ("Tutor’s Student"). Neither this Agreement, the Terms of Use, nor use of the Site creates an independent contractor, employee/employer, partnership, joint venture, or franchisor-franchisee relationship between Independent Tutor and IvyWhiz. It is the parties’ express intention that Independent Tutor will operate an independent business providing tutoring services to Students. For avoidance of doubt, Independent Tutor is not, and shall at no time be deemed under this Agreement or otherwise to be, an independent contractor or employee of IvyWhiz for any purpose whatsoever.

Non-exclusivity: Independent Tutor and IvyWhiz acknowledge that this Agreement is nonexclusive. During the term of this Agreement, Independent Tutor shall at all times be free to engage in any other work or business, whether or not related to tutoring or other instruction, and whether or not such other work is full-time, part-time, piecemeal, or pursuant to any other scheduling arrangement. Nothing herein precludes Independent Tutor from advertising or providing Independent Tutor’s services to the general public.

Hours/Cancellation Fee: Independent Tutor shall set its own hours and schedule its own sessions with Students. Independent Tutor shall be solely responsible for determining its own cancellation policy and/or fees (if any) in the event a Student cancels or does not show for a session.

Platform Fee: Independent Tutor shall exclusively determine its own session rate. Independent Tutor expressly agrees to pay a fee for the use of the Site ("Platform Fee") and authorizes IvyWhiz to deduct the Platform Fee directly from the payments collected from Students by IvyWhiz on Independent Tutor’s behalf. The Platform Fee shall be determined pursuant to IvyWhiz’s Tutor Payment Policies. Under no circumstances will Independent Tutor attempt to seek or receive compensation for services provided hereunder directly from Students.

Payment system: Independent Tutor agrees to abide by IvyWhiz’s Tutor Payment Policies and not to subvert or avoid them, or to divert funds ordinarily payable to Independent Tutor through IvyWhiz. Prior to tutoring sessions or meetings, Independent Tutor must verify with IvyWhiz that the prospective Student has submitted appropriate billing information. IvyWhiz is not responsible for payments for sessions given before appropriate billing information is on file. After each session, Independent Tutor shall report the session length via the Site to enable IvyWhiz to collect fees. If requested, a summary of services performed shall be provided solely for the Student’s use.

Expenses: Independent Tutor acknowledges that IvyWhiz will not reimburse for any expenses incurred in connection with rendering services hereunder, including but not limited to materials, transportation, or preparation costs.

Supplies: IvyWhiz will not provide any supplies, materials, or equipment required by Independent Tutor to complete the services rendered.

Taxes: Independent Tutor is responsible for all federal, state, and local taxes due as a result of the services provided. IvyWhiz shall not withhold or allocate any amount of Independent Tutor’s fees toward any taxes.

Benefits: Independent Tutor acknowledges that they are engaged in an independent business and are not eligible to participate in any IvyWhiz fringe benefits plans.

Insurance: IvyWhiz does not obtain Workers’ Compensation Insurance for Independent Tutor. It is Independent Tutor’s responsibility to comply with applicable Workers’ Compensation Law and to obtain any other necessary insurance.

Confidentiality: Independent Tutor will have access to Confidential Information relating to Students. Independent Tutor agrees to keep all such information in strict confidence and use it only as necessary to provide services.

Tutor documents: A copy of all documents created or received in connection with the services ("Tutor Documents") may be retained by IvyWhiz for administrative or record-keeping purposes.

Indemnity and hold harmless: Independent Tutor agrees to indemnify and hold harmless IvyWhiz and its affiliates from any claims, losses, expenses, or damages arising from the performance of services under this Agreement. Independent Tutor is solely responsible for conducting any necessary background and reference checks on prospective Students.

Copyright Assignment: IvyWhiz does not claim ownership of content provided by Independent Tutor ("Site Content"). By providing Site Content, Independent Tutor grants IvyWhiz a royalty-free, nonexclusive license to use, modify, and distribute such content.

Assignment: Independent Tutor may not assign or transfer this Agreement without IvyWhiz’s prior written consent.

Academic Dishonesty: Independent Tutor agrees not to use the Site to engage in academic dishonesty or other misconduct.

Deactivation of Platform Use: Independent Tutors may deactivate their accounts at any time. IvyWhiz may deactivate an Independent Tutor’s account for reasons including but not limited to (a) failure to meet IvyWhiz’s platform vetting requirements; (b) material breach of the Agreement, violation of IvyWhiz Terms of Use or Tutor Payment Policies, or misuse of the Site; (c) misappropriation of Tutor’s Students from the Site for personal gain; (d) legal issues such as a restraining order or conviction of a crime, including crimes involving violence or abuse; (e) failure to cooperate in good faith to resolve Student’s complaint; (f) repeated failure to respond timely to direct contacts; or (g) any other reason, with a written notice.

Inactive Account Policy: In addition, if an Independent Tutor is inactive on the Platform for a period of 45 days, the Tutor’s account will be automatically deactivated. The Independent Tutor may request for account reactivation. IvyWhiz, in its sole discretion, may either reactivate the account or suspend the account indefinitely.

Amendment: The Agreement may be revised, amended or updated from time to time as the need arises. When changes to this Agreement occurs, IvyWhiz shall notify Tutors of any changes to this agreement.

Severability: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Incorporation of Terms of Use: The IvyWhiz Terms of Use are hereby incorporated into this Agreement.

Governing Law: The laws of the State of Virginia shall govern this Agreement.

Arbitration: Any dispute arising from this Agreement shall be resolved by binding arbitration in accordance with the arbitration provision in the IvyWhiz Terms of Use.

Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions, agreements, or understandings.