Hi, I am starting online classes. So, I want to hire freelance trainers for this, I need to make an agreement between the trainer and institute.
what terms and conditions should be kept? (Ex : payment, Scope of Work. BUSINESS TERMS & CONDITIONS etc).
Please help to resolve.
what terms and conditions should be kept? (Ex : payment, Scope of Work. BUSINESS TERMS & CONDITIONS etc).
Please help to resolve.
Creating a clear and comprehensive agreement between your institute and freelance trainers is crucial to ensure smooth operations and mutual understanding. Here are some key terms and conditions that you should consider including in the agreement:
1. **Scope of Work**:
- Clearly define the services to be provided by the trainer, including details of the courses or subjects they will teach, duration of each session, and any specific methodologies or materials to be used.
- Specify whether the training will be conducted online, in-person, or both, and outline any technical requirements or platforms to be used.
2. **Payment Terms**:
- State the compensation structure, whether it's based on hourly rates, per session, or a fixed fee for a course.
- Clarify the payment schedule, including when invoices should be submitted and the timeline for payment after receipt of invoice.
- Outline any deductions or taxes that will be withheld from payments.
3. **Intellectual Property Rights**:
- Specify ownership of intellectual property created during the training sessions. For instance, who owns the course materials developed by the trainer?
- Include provisions for the use of institute's trademarks or logos, if applicable, and how the trainer should attribute credit.
4. **Confidentiality and Non-Disclosure**:
- Include clauses to protect confidential information of both parties. Define what constitutes confidential information and how it should be handled.
- Ensure that trainers do not disclose proprietary information or trade secrets of the institute to third parties.
5. **Termination Clause**:
- Outline the conditions under which either party can terminate the agreement, including notice periods.
- Specify consequences of termination, such as payment for services rendered up to the termination date.
6. **Liability and Indemnity**:
- Clarify each party's liability for damages or losses arising from their actions or omissions.
- Include an indemnity clause where the trainer agrees to indemnify the institute against any claims or liabilities arising from their conduct or performance.
7. **Dispute Resolution**:
- Specify how disputes will be resolved, whether through mediation, arbitration, or litigation.
- Designate the jurisdiction and venue for resolving disputes.
8. **Governing Law**:
- State the governing law that will apply to the agreement, typically the laws of the state or country where the institute is located.
9. **Miscellaneous**:
- Include any other relevant provisions, such as amendments to the agreement, assignment of rights, and entire agreement clause stating that the agreement constitutes the entire understanding between the parties.
10. **Signatures and Execution**:
- Ensure that the agreement is signed and dated by authorized representatives of both the institute and the trainer.
It's advisable to have the agreement reviewed by a legal professional to ensure compliance with local laws and to address any specific considerations relevant to your institute and the freelance trainers. This will help in minimizing potential disputes and ensuring a mutually beneficial working relationship.
From India, Guwahati
21. **Scope of Work**:
- Clearly define the services to be provided by the trainer, including details of the courses or subjects they will teach, duration of each session, and any specific methodologies or materials to be used.
- Specify whether the training will be conducted online, in-person, or both, and outline any technical requirements or platforms to be used.
2. **Payment Terms**:
- State the compensation structure, whether it's based on hourly rates, per session, or a fixed fee for a course.
- Clarify the payment schedule, including when invoices should be submitted and the timeline for payment after receipt of invoice.
- Outline any deductions or taxes that will be withheld from payments.
3. **Intellectual Property Rights**:
- Specify ownership of intellectual property created during the training sessions. For instance, who owns the course materials developed by the trainer?
- Include provisions for the use of institute's trademarks or logos, if applicable, and how the trainer should attribute credit.
4. **Confidentiality and Non-Disclosure**:
- Include clauses to protect confidential information of both parties. Define what constitutes confidential information and how it should be handled.
- Ensure that trainers do not disclose proprietary information or trade secrets of the institute to third parties.
5. **Termination Clause**:
- Outline the conditions under which either party can terminate the agreement, including notice periods.
- Specify consequences of termination, such as payment for services rendered up to the termination date.
6. **Liability and Indemnity**:
- Clarify each party's liability for damages or losses arising from their actions or omissions.
- Include an indemnity clause where the trainer agrees to indemnify the institute against any claims or liabilities arising from their conduct or performance.
7. **Dispute Resolution**:
- Specify how disputes will be resolved, whether through mediation, arbitration, or litigation.
- Designate the jurisdiction and venue for resolving disputes.
8. **Governing Law**:
- State the governing law that will apply to the agreement, typically the laws of the state or country where the institute is located.
9. **Miscellaneous**:
- Include any other relevant provisions, such as amendments to the agreement, assignment of rights, and entire agreement clause stating that the agreement constitutes the entire understanding between the parties.
10. **Signatures and Execution**:
- Ensure that the agreement is signed and dated by authorized representatives of both the institute and the trainer.
It's advisable to have the agreement reviewed by a legal professional to ensure compliance with local laws and to address any specific considerations relevant to your institute and the freelance trainers. This will help in minimizing potential disputes and ensuring a mutually beneficial working relationship.
From India, Guwahati
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SECURITY AGREEMENT.doc