Free Tutoring Contract Template

A tutoring contract template provides a written framework for private tutoring services. It records what the tutor will teach, how sessions will work, what the student will pay, and when either party may end the arrangement.

Tutoring contracts can cover academic subjects, test preparation, individual or group lessons, and recurring tutoring sessions. They can also be adapted for remote or in-person instruction.

A tutoring contract is useful when:

A different agreement may be appropriate if the tutor is hired as an employee rather than an independent contractor. A school or tutoring company may also need a contract adapted to its own hiring, privacy, and student-protection requirements.

The current Loio tutoring contract template identifies 2 parties:

Tutor: The person providing tutoring services. Under the template, the tutor prepares lessons and materials, provides feedback and progress reports, and operates as an independent contractor.

Student: The person receiving the tutoring services and assuming the payment and other contractual obligations stated in the template.

If the student cannot enter into the agreement independently under applicable state law, the contract should be adapted so that a parent or legal guardian assumes the appropriate contractual obligations.

A school, tutoring agency, or other organization may sometimes hire the tutor or purchase tutoring services for students. The current form is structured for a Tutor–Student arrangement, so it should be modified when an organization rather than the student is the contracting client.

It defines the tutoring services and how they will be delivered. The template covers the subject, session type, location, frequency, duration, lesson plans, materials, feedback, and progress reports.

Sample language: “The Tutor agrees to provide the Student with tutoring services according to the terms and conditions stated in this Contract.”

Include this clause in every tutoring agreement. Customize it so the subject, schedule, and session format match the actual arrangement, including whether lessons are individual, group, remote, or in person.

It states the tutoring fee, payment schedule, payment method, cancellation window, additional expenses, and rules for changing the fee.

Sample language: “If the Student is unable to attend a scheduled lesson, the Student agrees to notify the Tutor at least [24 hours] before the beginning of the lesson.”

Include this clause whenever tutoring is paid by the lesson, hour, period, package, or another arrangement. The current template specifies cash payment, so change the method if the parties intend to pay another way.

It establishes when the contract begins and how either party may end it. It also addresses refunds for unused services and payment for services already provided.

Sample language: “Either Party may terminate this Contract at any time, with or without reason, by giving [30 days] written notice to the other Party.”

Include this clause for recurring or ongoing tutoring. Customize the notice period and confirm that the refund provisions match the chosen payment arrangement.

It allocates certain risks between the parties. The template limits the tutor's liability, contains exceptions for gross negligence or willful misconduct, and includes mutual indemnification language.

Sample language: “The Tutor shall not be liable to the Student or any third party for damages or losses arising from the Services, except in cases of gross negligence or willful misconduct.”

Include or customize this provision when the parties want to allocate financial risk. Liability limitations and indemnification terms can be affected by applicable law, particularly if the arrangement involves significant risk or third-party claims.

It requires the parties to protect information disclosed during the tutoring relationship and use it only as necessary to perform the contract. The confidentiality obligation continues after the agreement ends.

Sample language: “The Parties agree to keep all information disclosed during this Contract confidential and not to share such information with any third party unless required by law.”

Include this clause when the tutor may receive academic records, test results, accommodation information, login details, contact information, or other nonpublic information.

It identifies which state's law applies to the agreement and where covered court proceedings will take place.

Sample language: “This Contract shall be governed by and construed in accordance with the laws of the State of [State].”

Include this provision when the parties want to establish governing law and venue in advance. Review it particularly carefully when online tutoring involves parties in different states.

It records the parties' intention that the tutor provide services as an independent contractor rather than as an employee.

Sample language: “The Parties acknowledge that this Contract does not create an employer-employee relationship and that the Tutor is an independent contractor.”

Include this clause only when the actual working relationship supports independent-contractor treatment. The wording of the contract does not determine worker status by itself. Federal and state authorities look at the real relationship between the parties.

State variation: State classification tests differ. Massachusetts generally presumes that a person performing services is an employee unless all 3 statutory conditions in § 148B are satisfied. California also has detailed worker-classification rules and specific exceptions for qualifying business and referral relationships.

Tutoring session: A scheduled period during which the tutor provides the agreed educational services to the student.

Tutoring package: A payment arrangement under which a student purchases multiple tutoring sessions together. The current template does not contain a dedicated package provision, so the payment terms should be adapted if packages are offered.

Retainer: An agreed advance or recurring payment used to reserve a tutor's availability or cover ongoing services. The current template does not provide a separate retainer structure.

Cancellation window: The amount of advance notice a student must give to cancel a scheduled session without triggering the contract's late-cancellation consequences.

Minor consent: Authorization or contractual involvement of a parent or guardian when the student cannot independently enter the agreement under applicable law.

Individualized Education Program (IEP): A written educational program developed for an eligible child with a disability under the Individuals with Disabilities Education Act. A private tutoring agreement does not itself amend an IEP or transfer a public agency's IDEA responsibilities to a private tutor.

Independent contractor: A person providing services independently rather than as an employee when the actual working relationship satisfies applicable federal and state classification rules.

Confidential information: Nonpublic information that the parties agree to protect and use only for purposes permitted by the contract.

Limitation of liability: A contractual provision that restricts the amount or types of damages a party may be responsible for, subject to applicable law.

Before signing, the parties should decide exactly how tutoring will be priced. The template allows them to state the tutoring fee, what it covers, when payment is due, and which additional materials or supplies the student must pay for separately.

If a tutor uses packages, prepaid lessons, retainers, or another payment model, the payment section should be adapted accordingly. The agreement should also explain what happens to unused prepaid sessions if the tutoring relationship ends.

The parties should set expectations for cancellations at the same time. Specify the required notice period, whether a late-cancelled or missed lesson remains payable, and when rescheduling is available.

Tutors should also avoid creating an unintended promise of a particular grade, test score, admission result, or other academic outcome. The current template does not contain a dedicated academic-results disclaimer, so one can be added when that expectation needs to be addressed expressly.

Private tutoring operates primarily within the legal framework of state contract law. Depending on the arrangement, worker-classification, tax, child-protection, education, and privacy rules may also apply.

Tutor licensing: Licensing and permit requirements for tutoring businesses can vary by state and locality, depending on the services offered and where the business operates. Tutors working through schools or other regulated programs may also face separate credentialing, clearance, or program requirements.

Students who are minors: Contractual-capacity rules can differ by state. For example, Alabama generally sets the age of majority at 19, subject to statutory exceptions. When a student lacks capacity to assume the contract obligations, adapt the agreement so the appropriate parent or guardian contracts with the tutor.

Independent contractor classification: Describing the tutor as an independent contractor does not settle the classification question. State standards may be stricter than the parties expect. Massachusetts, for example, uses a statutory 3-part test for services covered by § 148B.

School records and FERPA: FERPA does not automatically apply to every private tutor hired by a family. However, a school may disclose education records to an outside tutoring provider under the school-official exception when the applicable conditions are satisfied, including requirements concerning control, use, and redisclosure of records.

Online tutoring and children's privacy: COPPA can apply when a covered commercial website or online service collects personal information online from children under 13. Covered operators generally must provide notice and obtain verifiable parental consent, subject to the rule's exceptions.