Legal
Effective upon submission of the HumanTutor application and written acceptance by HumanTutor
Between: HumanTutor LLC, a limited liability company registered in the Commonwealth of Massachusetts ("HumanTutor" or "the Company") — and — the individual tutor named in the accompanying application ("Contractor"). The parties expressly agree to enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act ("UETA").
The Contractor acknowledges that HumanTutor operates an internet-based marketplace that allows families seeking tutoring services ("Clients") to identify and connect with individuals who independently provide tutoring services ("Tutors"). By entering into this Agreement, the Contractor seeks permission to access HumanTutor's marketplace for the express purpose of promoting the Contractor's independent tutoring business, subject to the terms and conditions set forth herein.
HumanTutor provides nothing more than a referral and coordination marketplace. HumanTutor does not engage the Contractor to render any tutoring services to HumanTutor itself. Any engagement of the Contractor's tutoring services is undertaken exclusively by the Client who selects the Contractor through the platform.
The Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of HumanTutor. Neither this Agreement, the Terms of Service, nor use of the platform creates an employment relationship, partnership, joint venture, or franchisor-franchisee relationship between the Contractor and HumanTutor. It is the parties' express intention that the Contractor operates an independent business providing tutoring services to Clients.
The Contractor retains full and exclusive control over the manner, methods, and means of delivering tutoring services, including but not limited to: instructional content, teaching approach, curriculum, materials used, and the pacing and structure of sessions. HumanTutor does not supervise, direct, evaluate, or control the content, method, quality, or outcome of any tutoring session.
The Contractor is solely responsible for their own professional conduct, instructional decisions, and all interactions with students and families. The Contractor determines their own hourly rate, sets their own availability, and selects the subjects they offer.
This Agreement is nonexclusive. The Contractor is free at all times to engage in any other work, employment, or business, whether or not related to tutoring or instruction, and whether such work is full-time, part-time, or pursuant to any other arrangement. The Contractor may offer tutoring services independently, through other platforms, or through any other means. HumanTutor does not restrict the Contractor's ability to work with other clients, platforms, or organizations.
Upon written acceptance of the Contractor's application and verification of current employment as a Massachusetts teacher, HumanTutor will create and publish a public tutor profile for the Contractor on humantutor.help. The profile will include the Contractor's name, bio, subjects, service area, availability, and hourly rate as provided in the Contractor's application. The Contractor may request edits to their profile at any time by contacting luke@humantutor.help. There is no fee to be listed on HumanTutor.
For each new Client referred to the Contractor through HumanTutor, the Client will pay a first session fee directly to HumanTutor. This fee equals one hour at the Contractor's posted hourly rate. HumanTutor retains this fee in full as a referral and coordination fee. HumanTutor will not pay the Contractor any portion of the first session fee. The Contractor agrees to this arrangement as consideration for listing, promotion, and referral services provided by the marketplace.
All sessions following the first session are arranged and paid directly between the Contractor and the Client. HumanTutor has no involvement in or responsibility for the scheduling, payment, location, content, or conduct of any session beyond the first. The Contractor collects 100% of all fees for subsequent sessions. HumanTutor does not take a percentage or commission from any subsequent session fees.
All first sessions coordinated through HumanTutor must take place in a public setting, including but not limited to public libraries or other accessible public spaces. Remote sessions via video call are also permitted. Private residences are not permitted for first sessions. The Contractor agrees to communicate the session location to the Client in advance and to maintain professional conduct at all times. For all subsequent sessions, the Contractor and Client may arrange to meet at any mutually agreed location at their own discretion.
The Contractor agrees to conduct all tutoring sessions in a professional manner. Clients have 24 hours following a scheduled session to submit a dispute to HumanTutor. Disputes are reviewed by HumanTutor at its sole discretion. If a dispute is upheld, the first session fee may be refunded to the Client in full. A Contractor who accumulates two upheld disputes, or one dispute involving serious misconduct (including but not limited to endangerment, harassment, or failure to appear without notice), may be removed from the platform immediately. HumanTutor's determination in dispute matters is final and binding.
The Contractor acknowledges that many students are minors (under the age of 18). The Contractor agrees to communicate exclusively with a parent or legal guardian regarding scheduling, payment, and all coordination for student clients under the age of 18. The Contractor will not communicate directly with minor students outside of the tutoring session itself. The Contractor agrees to conduct all sessions involving minors in accordance with applicable laws and professional standards of care.
As an independent contractor, the Contractor is solely responsible for all federal, state, and local taxes arising from income earned through HumanTutor referrals or directly from Clients. HumanTutor will not withhold taxes or provide any employee benefits, including but not limited to health insurance, retirement benefits, workers' compensation, unemployment insurance, paid leave, or any other benefit to which employees may be entitled. HumanTutor will issue a Form 1099-NEC to the Contractor if required by applicable law based on the total amount of referral fees processed through the platform.
The Contractor is solely responsible for obtaining any business licenses, permits, or registrations required by any federal, state, or local authority in connection with the Contractor's independent tutoring business. The Contractor is responsible for compliance with all applicable tax filing and reporting obligations.
For avoidance of doubt, the Contractor is not, and shall at no time be deemed under this Agreement or otherwise to be, an employee of HumanTutor for any purpose whatsoever, including but not limited to the application of the Fair Labor Standards Act, the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Massachusetts General Laws Chapter 149, Massachusetts General Laws Chapter 151, Massachusetts General Laws Chapter 151A, any state or local income tax law, any state workers' compensation law, any state unemployment insurance law, or any other applicable federal, state, or local statute or regulation.
The Contractor agrees not to disclose student or family contact information obtained through HumanTutor to any third party, and not to use such information for any purpose other than delivering tutoring services to the Client. This obligation survives termination of this Agreement.
Either party may terminate this Agreement at any time, for any reason or no reason, with or without notice. The Contractor may request removal from the platform by contacting luke@humantutor.help. HumanTutor may remove a Contractor at its sole discretion, including but not limited to removal for violations of this Agreement, professional misconduct, inactivity, or failure to maintain eligibility as a Licensed Massachusetts Educator. Upon termination, the Contractor's profile will be unpublished. Termination does not relieve either party of obligations that by their nature survive termination, including Sections 10, 11, 13, and 14.
The Contractor agrees to indemnify, defend, and hold harmless HumanTutor LLC, its members, managers, officers, agents, and affiliates from and against any and all claims, losses, expenses, costs, liabilities, and damages (including reasonable attorneys' fees and expenses) arising from or connected with: (a) the Contractor's performance or failure to perform tutoring services; (b) any act or omission by the Contractor that is inconsistent with the Contractor's obligations under this Agreement; (c) any claim by a Client, student, or third party arising from the Contractor's conduct; or (d) any breach of this Agreement by the Contractor.
HumanTutor is not liable for the conduct of any Contractor, Client, or student on or off the platform, for the quality or outcome of any tutoring session, or for any direct, indirect, incidental, consequential, special, or exemplary damages arising from the Contractor's use of or listing on HumanTutor. The Contractor uses the platform at their own risk. HumanTutor makes no representations about the suitability, character, background, or creditworthiness of any Client or platform user.
In no event shall HumanTutor's total liability to the Contractor under this Agreement exceed the total amount of referral fees collected by HumanTutor in connection with Clients referred to the Contractor in the twelve (12) months preceding the event giving rise to the claim.
The Contractor represents and warrants that: (a) the Contractor is a Licensed Massachusetts Educator, as defined in Section 20, and meets all eligibility requirements set forth therein; (b) the Contractor has the legal right and authority to enter into this Agreement and to perform tutoring services; (c) the Contractor will comply with all applicable federal, state, and local laws in connection with the performance of tutoring services; (d) all information provided in the Contractor's application is true and accurate; and (e) the Contractor will notify HumanTutor promptly if any of these representations ceases to be true.
HumanTutor reserves the right to modify the terms of this Agreement at any time by posting the revised Agreement on humantutor.help and notifying the Contractor by email. Continued use of the platform following notice of changes constitutes acceptance of the modified terms. No waiver of any provision of this Agreement shall be effective unless made in writing. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.
This Agreement is governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any disputes arising from or related to this Agreement shall be resolved exclusively in the state or federal courts located in Worcester County, Massachusetts, and the parties consent to the personal jurisdiction and venue of such courts.
This Agreement, together with the HumanTutor Terms of Service and Privacy Policy (each as amended from time to time), constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior discussions, negotiations, or representations, whether oral or written. In the event of a conflict between this Agreement and the Terms of Service, this Agreement shall control with respect to the Contractor's relationship with HumanTutor.
By checking the Contractor Agreement box on the HumanTutor application form and submitting your application, you acknowledge that you have read, understood, and agree to be bound by all terms of this Agreement. This constitutes your electronic signature within the meaning of the Uniform Electronic Transactions Act.
This Agreement becomes effective upon written confirmation from HumanTutor that your application has been accepted. You will not be listed on humantutor.help until HumanTutor has confirmed acceptance in writing (including by email).
If you have questions about this Agreement, email luke@humantutor.help and reference "Contractor Agreement" in the subject line.