This INSTRUCTOR CONTRACT (hereinafter the “Contract”) is made and executed on this ____ day of ____________, 2021 at _________________.BY AND BETWEEN: Leons infraservices Pvt. Ltd., a private company incorporated in India Noida. U.P. – 201301 (hereinafter the “Company”) AND Mr. / Ms. __________, S/o/D/o of Mr __________________, aged about ____ years, and presently residing at _________________________________,with Mobile Number ________________, Email address________________________________(hereinafter the “Instructor”).(The Company and the Instructor are hereinafter collectively referred to as the “Parties” and individually as a “Party”).
WHEREAS, the Company is an online platform that seeks to connect individuals and/or institutions imparting teaching, training/coaching, to individuals who approach the Company for learning. AND WHEREAS, the Company desires to obtain the services of the Instructor, for training/coaching to be provided to such individuals who purchase such services from the Company, on the terms and conditions set out in this Contract.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1.1. “Content” means and includes all physical and digital data pertaining to teaching that includes audio and video display of Instructor.
1.2. “Course” means the teaching module for imparting coaching to the students that is approved by the Company;
1.3. “Group Session” shall mean a single period in one stretch for a minimum of 75 minutes devoted by the Instructor to four Students and more for imparting coaching;
1.4. “Group Sessions” means and includes more than one Group Session;
1.5. “Fee” means the remuneration to be paid by the Company to the Instructor for providing their services to the students as per the Rate Card;
1.6. “Lessons” means the learning sessions as mentioned under the Learning category on the website of the Company www.teachyou.in/
1.7. “Order” means the lessons that have been purchased by a Student from the Company;
1.8. “Rate Card” means a fixed sum of the amount per session decided by the Company at the date and time of the Order;
1.9. “Session” shall mean a single period in one stretch for a minimum of 75 minutes devoted by the Instructor to one or more students for imparting lessons;
1.10. “Sessions” means and includes more than one Session;
1.11. “Student” shall mean a person and in the case of a minor shall include a guardian/parent who purchases the lessons from Company for himself/herself and/or on behalf of such person who seeks to learn;
The Instructor is an independent contract Instructor, and is not, or shall not be deemed to be the Company’s employee. In its capacity as an independent contract Instructor, the Instructor agrees and represents, and the Company agrees that the Instructor has the right to perform services for others during the term of this Contract, provided that the Instructor has no other
contracts, agreements, relationships, or commitments to any other person or entity which conflicts with the Instructor obligations to the Company under this Contract. The Instructor hereby agrees not to enter into any agreement, either written or oral, in conflict with this Contract.
3. TERMS OF THE CONTRACT
3.1. The Instructor shall impart lessons to the Students as per the Course approved and agreed between the Parties.
3.2. The Fee payable by the Company to the Instructor under the present Contract
3.3. The Fee shall be paid by the Company to the Instructor for a particular Order that shall be released after all the Sessions that are included in the Order have been completed by the Instructor. As a consideration towards providing the services and online space for Instructors to teach the students, the company will be charging 15% of the total amount deposited by the student/s for the classes mentioned in the Instructor Profile. The company will deposit the balance 85% amount in the Instructor Account within 7 working days post completion by the Instructor of the total number of classes as mentioned in the Instructor Profile.
3.4. The Instructor agrees that it shall be mandatory for him/her to accept any two (2) orders given by the Company as per the Company policies.
3.5. The first session for all new students will be without any monetary charge by the Instructor and will be considered as a free session by the Instructor. In the event the student chooses to continue with the Instructor who took the first Session, then, for every subsequent Session, the Fee payable by the Company shall be as per Clause (ii).
3.6. In the event the Sessions in a particular Order are not completed within a period of 45 days from the second Session, then, the Company shall release the amount equivalent to the number of Sessions the Instructor has successfully completed.
3.7. The Fee for each Group Session may be decided on a batch-to-batch basis or as mentioned on the Rate Card.
3.8. The Instructor shall not approach and/or liaison with any Student and/ or his parent/ guardian/ friend/ relative, with whom he is in contact pursuant to this Contract either directly and/ or indirectly for any services that arise in connection with and out of the present Contract.
3.9. In the event the Instructor / Teacher approaches any Student and/ or his parent/ guardian/ friend/ relative, with whom he is in contact pursuant to this Contract either directly and/ or indirectly, then, the Company shall be entitled to withhold payment of the Fee, suspend the Instructor / Teachers profile, cancel all active orders, and take further action.
3.10. The Instructor / Teacher may prepare such Course or Courses for imparting the lessons in advance, which will have to be approved by the Company.
3.11. The Instructor / Teacher shall only use the Course as approved by the Company or use Courses provided by the Company for all Sessions of the Lessons.
3.12. The Instructor / Teacher will be connecting with the Student only after he/she qualifies and seeks approval of the Course by the Company.
3.13. For a Session to be a valid Session, the Instructor / Teacher shall ensure that it is ended as per the Company rules, policies, and standard operating procedures after a minimum of 75 Minutes after revision of the lesson imparted in the particular Session
3.14. The Instructor / Teacher agrees to adhere and follow all Terms & Conditions as laid down on the Company’s website and further ensure that he/she will read and keep himself/herself updated with the policy of the Company.
3.15. The Instructor / Teacher confirms and assures the Company that he/she is the rightful owner of any Content submitted by him/her with the Company and hereby gives all rights and permissions to the Company to freely use any Content as submitted by him/her for the purposes of marketing and promotions and such other reasons the Company deems fit. The Content submitted shall be without any branding or identification markers of any person/s, entity, institution or business.
3.16. The Instructor / Teachers agrees to let the Company create promotional content featuring the Instructor / Teacher with or without other person/s engaged by the Company without any monetary charge. Any Content featuring the Instructor / Teacher or other Instructor / Teacher and/or Artists that has been created by the Company, shall not be used by the Instructor / Teacher for any purpose other than this Contract, and such Content, shall also not be shared by the Instructor / Teacher with any other person/entity without the express consent of the
3.17. The Instructor / Teacher agrees to wear and display any Company branded accessories during the Sessions and/or Group Sessions.
3.18. The Instructor / Teacher shall endeavor and encourage every Student to join and sign up for the Group Sessions after a period of two months from their first Session.
3.19. The Instructor / Teacher acknowledges that the Company will take a Feedback from every Student/Students which may be reflected on the Company website and maybe used as a deciding factor when giving further orders to the Instructor / Teacher after each Session/Group Session on the following factors viz.
f. Appearance & Hygiene.
3.20. The Company reserves all rights to assign and to change the Instructor / Teacher assigned to any order based on customer feedback, review, complaint or any other reason/s.
3.21. The Instructor / Teacher shall endeavor and encourage every Student to buy books through the Company and its affiliate partners as per the Companies policies. The Instructor / Teacher agrees that he/she shall not recommend or facilitate the purchase or sale of any books related to/for the student through any entity, party or platform other than the Company.
4. TERM OF THE CONTRACT
4.1. The obligations of the Instructor / Teacher shall commence from the date of entering into the present Contract and shall continue for an initial period of one year, after which the Contract will be renewable at the option of the Company after evaluation of the Instructor / Teacher’s performance and feedback from the Students.
4.2. Either Party may terminate the Contract before expiry of the Contract Period in accordance with the Termination Clause of the Contract.
5.1. Termination of the Contract with reasonable cause: With reasonable cause, the Company may terminate this Contract, suspend a Instructor / Teachers profile, hold or reject any monetary payments, effective immediately upon giving written notice.
5.2. Reasonable cause includes:
a. an act of dishonesty or other wilful misconduct by the Instructor / Teacher including, without limitation, misbehaviour, theft or misappropriation (or attempted theft or misappropriation) or the commission or omission of an act or acts by the Instructor / Teacher that is detrimental to the pecuniary interests, reputation or goodwill of the Company;
b. habitual absenteeism, chronic alcoholism or any other form of addiction on the part of the Instructor / Teacher that prevents him/her from performing the services under the Contract;
c. any act exposing the other party to liability to others for personal injury or property damage;
d. the breach of any representation or warranty made by the Instructor / Teacher under this Contract; and
e. the breach of the Instructor / Teacher’s material obligations under this Contract.
5.3. Termination without Cause: The Company or the Instructor / Teacher may terminate the Contract without cause by giving four (4) weeks’ written notice. In case the Instructor / Teacher ceases to perform the Services without giving four (4) weeks’ notice, he/she will forfeit their Fee and any and all dues.
The Parties acknowledge and confirm that the obligations of the Instructor / Teacher hereunder are shall not be assigned by him/her to any other person.
Any Confidential Information disclosed by the Company to the Instructor / Teacher or gained access to by the Instructor / Teacher through providing services, shall not be disclosed by the Instructor / Teacher during the term of this contract and for a period of 5 years after termination or expiry of this contract except upon written consent by the Company. The non-disclosure clause of this contract will survive the expiry of this contract for a period of 5 years after the date of expiry and shall remain binding.
The Instructor / Teacher warrants that he/she has not been convicted of a crime or entered any guilty plea in respect of such crime, for which the minimum punishment under applicable law is not less than 1 (one) year imprisonment, or any conviction for a crime. Further, the Instructor / Teacher warrants that no such case is pending or was filed for any copyright violation against the Instructor / Teacher.
If any provision of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any law or regulation or government policy or any amendment thereof, the remainder of this Contract and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and
each provision of this Contract shall be valid and enforceable to the fullest extent permitted by law.
10. GOVERNING LAW, DISPUTE RESOLUTION
This Contract shall be governed by, and construed and enforced in accordance with, the laws of India. Any dispute between the Parties, arising out of or in connection with this Contract, including any question regarding this Contract’s existence, validity,interpretation, or termination which cannot be settled by good faith negotiations between the Parties shall be referred to exclusively and finally resolved in New Delhi, India by Arbitration under the Arbitration and Conciliation Act, 1996 and subsequent amendments thereof (if any).
11.1. No delay or omission by the Company in exercising any right under this Contract shall operate as a waiver of that or any other right. A waiver or consent given by the Company on any one occasion shall be effective only in that instance and shall not be construed as a waiver of any right on any other occasion.
11.2. This Contract may be modified or amended only by an instrument in writing executed by the Parties and approved in writing by a duly authorized officer of the Company, subject to prior approval of the Company as required. The Parties agree that in no event shall an oral modification of this Contract be enforceable or valid.
11.3. By entering into this Contract, the Instructor / Teacher certifies and acknowledges that he/she has carefully read all of the provisions of this Contract and that he/she voluntarily and knowingly enters into this Contract.
11.4. This Contract shall be read with any addendum and/or amendments that may be signed at later date on mutual consent of both Parties, and the Contract with such addendum/amendments shall be read as a whole, to constitute the terms and conditions of the Instructor / Teacher Contract.