Guidelines for Teaching Contracts: Setting Up Payment Rules from the Outset
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There aren't any rules unless you put them into place yourself. Set the rules at the first meeting because a freelance teacher's income is jeopardised when they are not paid on time, and their bills cannot be paid. And that is why you should always set payment rules from the outset. A regular income - a steady cash flow - keeps your teaching business alive. Remember, 80 per cent of businesses fail because they run out of money.
Make sure you have a teaching service contract detailing your payment policies: when students are expected to pay and what happens when payment is late when customers sit before you.
Teaching service contracts secure a legally sound footing for freelancers when making payment claims. It is their only legal and binding proof a teaching payment agreement exists between them and their students. In fact, should their relationship with one of their student turn sour, and they need a lawyer, the first thing they will be asked is: Do you have a contract?
Contracts are simple reality checks to decide whether freelancers can work with a customer. If both sides respect the contract, they can work together.
A lawyer is the best person to guarantee a contract is made correctly. On the other hand, they are expensive. For most teaching freelancers, a lawyer is a luxury they cannot afford - so a self-made contract must suffice. A self-made teaching service contract is better than none. If you have never prepared a business contract before, you may be quite daunted by the prospect of creating one.
For example:
§ What details must be written into contracts?
§ What elements are usually forgotten in agreements (absenteeism, etc.)?
§ Situations when a lawyer must check the wording in contracts
For this purpose, freelancers can use a teaching service agreement example as a basis for creating their own contracts. The contract example presented is for educational and demonstrative purposes.
Janine Bray-Mueller
Janine Bray-Mueller, a freelance teacher with 30 years of teaching and marketing experience, has served on committees such as a two-term voluntary member of IATEFL's Marketing Committee, Editor of HELTA (Hamburg) and an Editor of ETM (English Teaching Magazine), which was popular in Germany for many years. In addition, she has given presentations at the TESOL France annual colloquiums and has also been published in several language teaching magazines. Meanwhile, Janine has decided to share her marketing knowledge by writing a series of books giving practical advice to teaching freelancers. These books help colleagues in their teaching careers find students and earn enough to live from their work.
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Guidelines for Teaching Contracts - Janine Bray-Mueller
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The information presented in this book represents the author’s view alone as of the date of publication and should not be taken as expert instruction or commands. It is strictly for informational and educational purposes. The author reserves the right to alter and update her opinion based on new data at the rate information changes.
While the author has made her best effort to verify the information provided in this publication, the author accepts no responsibility for errors, inaccuracies, or omissions. This publication is for informational purposes only, and she makes no representations or warranties concerning the accuracy or completeness of the contents of this document. Any slights of people, institutions, or organisations are unintentional. When advice concerning legal or related matters is required, the service of a fully qualified professional should be sought. You should be aware of any laws that govern business transactions or other business practices in your country. Any financial numbers or statistics referred to here or on any of my websites are estimates or projections and should not be considered exact, actual, or a promise of potential earnings. All numbers are illustrative only. The author expressly disclaims any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives, promoters, or written sales materials. The author shall not be made responsible for or liable for any loss of monies or any damages, including commercial profits, but not limited to personal or other incidental or consequential damages.
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QUICK READS FOR BUSY
FREELANCERS
Contents
DO YOU NEED TEACHING CONTRACTS?
How to avoid late paying students
Make rules (pay upfront and have a contract)
Penalty clauses for late or breach of payments
Ask for upfront payments
When upfront payments are not possible
A contract is a form of reality check
ARE TEACHING CONTRACTS USEFUL?
Supplierversus Service Provider
Contract priorities
WHAT GOES INTO A CONTRACT?
Basic requirements
WHAT USUALLY GETS FORGOTTEN?
1. Cancellation policies
2. Sickness
3. Late payment policies
WHEN SHOULD YOU ASK A LAWYER?
When customers want changes to the contract
CHECK LIST
CONTRACT BLUEPRINT
EXAMPLE of a Teaching Service Contract
MISCELLANEOUS OPTIONAL ADDITIONS—EXAMPLES
Independent Contractor Relationship Clause
Non-Compete/Non-Soliciting Agreement
Examples: COOLING-OFF PERIOD
Example: LEARNING GUARANTEE
Example: ADDITIONAL LESSONS
Example: TRANSLATION WORK
Examples: INSURANCE/LIABILITIES
ADDITIONAL CLAUSE IDEAS FOR ONLINE COURSES
Examples: HEALTH AND LEARNING ISSUES
Examples: FLAMING AND MISBEHAVIOUR
Examples: LATENESS
Examples: CONNECTION PROBLEMS
Examples: ONLINE MINOR STUDENTS
WEBSITES AND DATA PROTECTION AGREEMENT (GDPR)
Data Protection Agreement for Websites
NOTE: Guidelines for Teaching Contracts is a republished, completely revised short book version of chapters previously published under The Teacher’s Guide to Pricing Matters, by Janine Bray-Mueller, 2019, BoD - Books on Demand, Norderstedt, Germany.
Do You Need
Teaching Contracts?
There are no rules (governing a teaching service) unless you put
them into place yourself
That is why you should always set payment rules from the
beginning
As a foundation for your work, contracts set up shared communications between yourself and the customer concerning receiving and giving tuition.
It also sets the groundwork for negotiations when things go