BKL IC Tutoring Agreement 2x

Independent Contractor Agreement

This Independent Contractor Agreement (“Agreement”) is entered into as of (“Effective Date”) by and between Brooklyn Letters (“Company”) and (“Independent Contractor” or “IC”).

1. Nature of Relationship & Independent Contractor Status

The Independent Contractor is an independent business engaged to provide professional services on a non-exclusive basis. This relationship is not one of employer-employee, agent, joint venturer, or partner. The Independent Contractor is free from the Company's supervision, direction, and control in the performance of their tutoring services, with the Company specifying only administrative tasks, such as scheduling and billing. The Independent Contractor is solely responsible for determining the means and methods for performing services, including but not limited to the hours worked, the location of services, and the specific tutoring methodologies utilized. The Independent Contractor is not entitled to any employee benefits, including but not limited to health insurance, retirement plans, paid time off, or workers’ compensation.

The Independent Contractor represents and warrants that they are a self-employed professional who holds themself out to the public as such and is free to perform services for other clients or businesses, including competitors of the Company. The Independent Contractor holds their liability for any profit or loss and acknowledges that they are solely responsible for all federal, state, and local income, self-employment, and social security taxes. The Company will not withhold any taxes from payments made to the Independent Contractor. This clause is a core element of the parties’ mutual intent to create and maintain an independent contractor relationship.

2. The Freelance Isn't Free Act (NY State) & Payment for Services

In compliance with the New York State Freelance Isn’t Free Act, this Agreement serves as a legally binding written contract for services. The Company and the Independent Contractor agree to adhere to its principles as a best practice to ensure clear, fair, and timely compensation.

Fees paid to the Company by the Independent Contractor are exclusively for administrative and coordination support, and not for educational services or student outcomes. This includes, but is not limited to, client introductions, administrative support, marketing, billing coordination, and use of the Company's platform.

Payment Schedule (2x per month):

For services rendered between the 1st and 15th of the month → payment from the IC to Brooklyn Letters is due no later than the 18th of that month.
For services rendered between the 16th and the last day of the month → payment is due no later than the 3rd of the following month.
Invoices must include session dates, the IC’s address, business name, and all required information.
Payments/invoices submitted after the 18th or the 3rd are considered late and subject to a $25 late fee (one-time per month).

Restrictions:

The Independent Contractor is prohibited from accepting payments for services rendered under Early Intervention, DOE, or any other government-funded or third-party authorized programs (including but not limited to RSAs) directly from Brooklyn Letters clients. All such payments must be routed exclusively to Brooklyn Letters as specified by Company billing procedures.
The Independent Contractor may not reveal their share or Brooklyn Letters’ share to the client.

Late Payments & Remedies:

Late payments from the Independent Contractor to the Company may incur penalties as determined by the Company.
If the Independent Contractor fails to pay the Company on time, the Company reserves the right to have the client pay the Company directly the full invoiced rate, after which the Company will remit the Independent Contractor’s share within 10 business days.

3. Company Share Structure

30/45/60 minute session: Percentage % Company share
Above 60 minutes are prorated based on the Brooklyn Letters 60-minute share
Assessments: 10% Company share when billed at $200 or more

4. Professional Qualifications & Credentials

The Independent Contractor is solely responsible for ensuring that any professional certifications or credentials they hold remain valid and in good standing. Copies must be provided upon request.

5. Client Relationships and Post-Termination Continuation of Services (Non-Solicitation)

Defines Brooklyn Letters–originated cases and enforces an 18-month continuation of administrative service fees post-termination.

6. Referrals & Fee Compliance

Brooklyn Letters does not accept or pay referral fees. Fees paid are solely for administrative support services.

7. Disclaimer for Educational Services

Brooklyn Letters is not responsible for educational decisions or outcomes. All such responsibilities belong solely to the IC.

8. Term & Termination

Either party may terminate with 30 days written notice. Confidentiality, client continuation, indemnification, and dispute resolution survive termination.

9. Confidentiality

The IC shall not disclose confidential or proprietary information of Brooklyn Letters or its clients.

10. Indemnification

The IC agrees to indemnify Brooklyn Letters for claims arising from their services. Conversely, Brooklyn Letters will indemnify the IC if claims arise solely due to association with the Company.

11. Record Retention & Audit Rights

Both parties must retain relevant records for 6 years, per NY law.

12. Dispute Resolution & Governing Law

Any disputes are resolved by binding arbitration in Kings County, NY under AAA rules.

13. Miscellaneous Provisions

This Agreement constitutes the entire agreement. Amendments must be in writing and signed by both parties.

IN WITNESS WHEREOF

The parties have executed this Agreement as of the Effective Date.

Brooklyn Letters
By: Craig Selinger
Title: Owner of Brooklyn Letters
Date:

Independent Contractor
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December 18, 2023 5:14 pm EST

BKL IC Tutoring Agreement 2x Uploaded by Craig Selinger - [email protected] IP 118.103.233.154