top of page

TUTOR AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY

BEFORE SIGNING UP FOR THIS SERVICE.

​

These terms and condition constitute an agreement (the “Agreement”) by and between Friends of EMVH (“V'dabkenu”), an Ohio non-profit corporation maintaining a place of business at 31100 Solon Road, Suite 16, Solon, Ohio 44139 and any tutor who has completed V'dabkenu’s on-line yungerman questionnaire (“Tutor” or “I” or “me”) and is effective as of the date that Tutor completed that form (the “Effective Date”).

​

RECITALS

​

  1. V'dabkenu owns and operates a website at www.vdabkenu.org that permits parents to meet and engage tutors for the religious instructions of their sons and to carry out that instruction on line; and

  2. Tutor wishes to receive opportunities to meet with and tutor the sons of such parents.
     

NOW, THEREFORE, the parties agree as follows:

​

  1. TUTORING
     

    1. Tutor shall provide V'dabkenu with a written profile which V'dabkenu may edit in its sole discretion and then shall display on its website, and invite website visitors to get in touch with Tutor to arrange tutoring sessions. 
       

    2. V'dabkenu shall be responsible for all billing and collections.
       

    3. Tutor acknowledges and agrees that all parents and students to whom Tutor is introduced or provides tutoring services, or both, are the clients of V'dabkenu and that the fee set forth in section 3 shall apply to any tutoring revenue received by Tutor from such parents or students, even after the expiration or termination of this Agreement. 
       

    4. V'dabkenu shall record, and retain audio and visual recordings of, each session.
       

  2. TERM

    Subject to earlier termination under Section 4, or any renewal and extension under Section 5, the term of this Agreement shall begin on the date the Agreement is made and entered as set forth above and shall continue until the first anniversary of the Effective Date.
     

  3. COMPENSATION

    V'dabkenu shall deduct a fee equal to five percent of all amounts collected by V'dabkenu for tutoring sessions performed by Tutor, except that V'dabkenu shall retain 100% of the amounts collected for the first tutoring sessions between each particular tutor and student.
     

  4. TERMINATION

    Either party may terminate this Agreement at any time upon 30 days’ written notice to the other party.
     

  5. STATUS AND OBLIGATIONS OF TUTORS
     

    1. Tutor acknowledges and agrees that he is not subject to the direction and control of V'dabkenu as to the means and methods of performance of such consulting duties. The parties intend to create an independent-contractor relationship, and not an employer-employee relationship, by this Agreement. V'dabkenu is interested in only the results to be achieved and the conduct and control of the performance of the services contemplated herein will lie solely with Tutor.
       

    2. V'dabkenu shall not provide any training to Tutor, and Tutor shall be responsible for performing the tutoring pursuant to this Agreement.
       

    3. Tutor shall be free to set and control the hours and days Tutor will provide the services contemplated by this Agreement.
       

    4. Tutor is not an agent or employee of V'dabkenu for any purpose. None of the benefits provided by V'dabkenu as employer to its employees, including, but not limited to, workers’ compensation insurance, unemployment insurance, and vacation time, are available from V'dabkenu to the Tutor. Moreover, under no circumstances shall Tutor and V'dabkenu be deemed engaged in the operation of a partnership or joint venture.
       

    5. Tutor acknowledges that Tutor shall be responsible for any and all self-employment related taxes, including but not limited to estimated income taxes, social security taxes, and self-employment provisions. In addition, it is understood that Tutor will not be covered under any benefit plan covering V'dabkenu’s employees, nor will Tutor be covered by any workers’ or unemployment compensation coverage through V'dabkenu.  
       

    6. Tutor is not authorized to bind V'dabkenu or to incur any obligation or liability on behalf of V'dabkenu.
       

  6. SEVERABLE PROVISIONS

    The provisions of this Agreement are severable. If any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions and any partially unenforceable provisions to the extent enforceable in any jurisdiction shall, nevertheless, be binding and enforceable.
     

  7. DEATH

    If Tutor dies during the term of this Agreement, this Agreement shall be deemed terminated as of the date of Tutor's death. Neither Tutor nor Tutor's estate, as the case may be, shall be entitled to any further compensation or other privileges or benefits hereunder, except that any unpaid fees or other consideration fully accrued and earned by Tutor up to and including the date of death shall be paid at the normal times for payment specified in this Agreement.
     

  8. NOTICES

    Any notice required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by email to addresses provided by the parties to each other.
     

  9. WAIVER

    The failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to any future violations thereof, or prevent that party thereafter from enforcing each and every other provisions of this Agreement.  The rights granted the parties herein are cumulative and the waiver of any single remedy shall not constitute a waiver of such party’s right to assert all other legal remedies available to it under the circumstances.
     

  10. ASSIGNMENT

    This Agreement is for personal services to be provided by Tutor. Tutor may not assign or transfer Tutor's obligations hereunder without the written approval of     V'dabkenu. This Agreement may be assigned by V'dabkenu upon notice to Tutor.
     

  11. MISCELLANEOUS

    This Agreement contains the entire agreement, and supersedes all prior agreements and understandings between the parties with respect to the subject matter hereof and may not be modified or terminated orally.  This Agreement shall be governed by and construed according to the laws of the State of Ohio and the parties agree to that venue and jurisdiction is proper in the courts of general jurisdiction of Cuyahoga County, Ohio.


ACCEPTANCE

 

​By clicking the “I ACCEPT THE TERMS AND CONDITIONS” box on the younger man questionnaire, I acknowledge that I have read the Agreement and that it constitutes a binding contract between V'dabkenu and me with respect to my visit to the website at www.vdabkenu.org and the tutoring services that I provide pursuant to this Agreement. If I do not so agree, then I may not and shall not provide tutoring services pursuant to this Agreement.

​

Download a copy of this agreement here

bottom of page