LITERACY INTERVENTION AGREEMENT.
This Agreement is made on ________________ between ________________ (herein after referred to as the “Business”) and _______________ (herein after referred to as the “Contractor”). Together referred to as the parties.
- Services.
The Contractor herein agrees to carry out the following service after providing the Business with a livescan, resume, references, and a professional license; –
- ……………………….
- ……………………….
- ……………………….
- Compensation.
Throughout the Contractor’s engagement period and in consideration of the services performed herein, the compensation will be at the rate of $ ____ weekly.
- Period of Agreement.
This Agreement shall be effective from __________ until otherwise terminated by the parties as provided under this Agreement.
- Expenses.
The Business agrees to reimburse the Contractor for all the expenses incurred while performing services under this Agreement unless mutually agreed otherwise.
The Contractor shall supply the Business with an itemized statement on all the expenses.
- Duties and Responsibilities.
The parties agree that the duties and responsibilities of the Contractor shall include but are not limited to; –
- Professionally addressing clients/families.
- Keeping an accurate tutoring hours schedule.
- Reporting the tutoring hours scheduled biweekly.
- Adhering to appointments on time by monitoring schedule.
- Informing the clients/families of any changes in the schedule.
- Keep and provide data when requested for IEP or other student support meetings.
- Intellectual Property.
The Business creates materials that the Contractors have access to that are copyrighted. The Business also uses the intellectual property of others (i.e., materials) for sessions.
The Business additionally read-write grow its dba. The Contractor hereby acknowledges and agrees that they do not have any right to use the Business’s dba or assume the dba as their own together with any other copyrighted works.
- Confidentiality.
The Contractor acknowledges that during the performance of the services under this Agreement, it will be necessary for the Business to disclose certain confidential information to the Contractor, who agrees not to disclose or share any confidential information to any third parties without written consent from the Business.
The confidentiality provisions contained within this Agreement shall remain in full force and effect for a period after the Contractor’s transfer or termination of employment.
- Waiver.
Suppose either party fails to enforce any provision contained within this Agreement. In that case, it shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- Relationship.
The Contractor is an independent contractor and shall not be deemed the Business’s employees unless the same is agreed between the parties herein. A different Agreement shall be signed between the parties.
- Termination.
Either party to this Agreement may elect to terminate the provisions by issuing a thirty days’ written notice, clearly stating the reasons for the termination, which may include but are not limited to the following reasons; –
- A material breach of the terms herein.
- Failing to show up for sessions without notice.
- Non-professionalism when communicating with the families/clients.
- Failing to report the tutoring hours accurately and biweekly.
- Inability to keep and provide data when requested for IEP or other student support meetings.
- Failure to make the required payments
- Failure to provide the necessary services
- Doing anything which is against the law.
- Governing Law.
This Agreement’s provisions shall be interpreted and governed by the laws of the state of California.
- Assignment.
The services to be provided and the payments herein shall not be assigned to any third parties unless otherwise agreed in writing between the parties.
- Safety and Security.
The Contractor acknowledges that the Business is not responsible for their safety and security, including but not limited to personal items, and hereby indemnifies the Business from any claim on any issue of safety, security, loss, or any damages to personal property.
The Contractor shall be in charge of the safety and security of their personal belongings during the performance of this Agreement.
- Non-Compete.
During the Contractor’s period of engagement with the Business, in the State of California, and for two years following termination of the engagement, however, caused, the Contractor shall not seek or gain engagement with any business that competes with the Business within.
The Contractor agrees that the above-established restrictions are reasonable and fair. All defenses to the strict enforcement of this stipulated non-compete covenant by the Business are waived.
- Indemnification.
The Contractor shall indemnify and hold harmless the Business from any loss or liability that may arise from the performance of the services under this Agreement.
- Dispute/Conflict Resolution Mechanism.
A mediator shall resolve any dispute, controversy, or claim arising out of or relating to this Agreement or the interpretation, breach, or validity thereof through mediation between the parties, which shall be organized according to the State of California rules.
- Entire Agreement.
This Agreement contains the complete Agreement of both the Contractor and the Business. There are no other promises or conditions, oral or written, outside of what is contained herein in this Agreement. This Agreement supersedes any prior written or oral agreements between both parties.
- Severability.
Should any provision contained within this Agreement be deemed invalid or unenforceable, in part or whole, such invalidity or unenforceability will apply only to the particular condition or part of this Agreement. In contrast, the remaining aspects of said provision and all other provisions of this Agreement shall remain in full force and effect.
- Modification.
The provisions and terms herein may be modified only by writing signed by both parties.
IN WITNESS WHEREOF, the Contractor has hereunto set her hand, and the Business has caused this instrument to be signed in its name and on its behalf; –
_______________________________________________
(Contractor Signature)
___________________________
(Contractor Name)
______________________________________________
(The Business/Duly Authorized Representative Signature)
______________________________________________
(The Business/Duly Authorized Representative Name)
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