Last Updated: March 7th, 2024

This Teacher Agreement  is the User Agreement between Teachers and Michael Andrew McKee, DBA  “Future English Academy – Online!” (“Future English Academy – Online,” “FEA ONLINE “FEA- ONLINE” “I” “Me”), and it sets terms and conditions that are applicable to your access, registration, and use of the Platform in your capacity as a Teacher. Capitalized terms herein have the meaning set forth in the Agreement. 

1. Independent Contractor  

Independent Contractor Status. It is the express intention of the parties to this Teacher Agreement that the Teacher is an independent contractor and not an employee, agent, joint venturer or partner of Future English Academy – Online! for any purposes whatsoever. The Teacher shall not be entitled to any benefits that Future English Academy – Online! may make available to employees from time to time. The Teacher shall be solely responsible for all state and federal income taxes, unemployment insurance and social security taxes and for maintaining adequate workers’ compensation insurance coverage.

Performance of Services. The Teacher shall have the right to control and determine the time, place, methods, manner and means of performing teaching services on the Platform (the “Teacher’s Services”). In performing the Teacher’s Services, the amount of time the Teacher uses the Platform on any given day will be entirely within the Teacher’s control with the exception of students who have chosen the Teacher for a private or group lesson. In the case of private or group lessons, the Teacher agrees to be on the Site and Employee Site at the specified lesson time The Teacher will provide all equipment and supplies required to perform the Teacher’s Services, including supplying the electronic device to operate the Site and related Site’s in their duties as a Teacher.

Non-Exclusivity and Non-Solicitation. The Teacher retains the right to contract with other companies or entities for his or her consulting services without restriction. Likewise, Future English Academy – Online! retains a reciprocal right to contract with other companies and/or individuals for consulting services without restriction. However, the Teacher shall not directly or indirectly, either alone or in association with others, during the the Teacher’s offering or provision of the Teacher’s Services on the Platform and for six (6) months thereafter, solicit, induce or attempt to induce, any Student to terminate his or her relationship or other engagement with Future English Academy – Online and receive the  Teacher’s Services outside of the Site.

Scope of Authority. The Teacher is not authorized to transact business, incur obligations, sell goods, receive payments, solicit orders or assign or create any obligation of any kind, express or implied, on behalf of Future English Academy- Online! or any of Future English Academy’s related or affiliated entities, or to bind in any way whatsoever, or to make any promise, warranty or representation on behalf of Future English Academy or any of Future English Academy’s related or affiliated entities with respect to any matter, except as expressly authorized in a writing signed by an authorized representative of Future English Academy. The Teacher shall not use Future English Academy’s trade names, trademarks, service names or service marks without the prior written approval of Future English Academy.

Federal Tax Return Filing.  The Teacher agrees to report income received from Michael Andrew McKee (DBA “Future English Academy -Online!” “FEA ONLINE” for consulting services under this Agreement consistent with the reporting requirements of an independent contractor.

2. Talk Any Time Lessons

The Teacher  understands that as an independent contractor, the Teacher has complete control over the Teacher’s own schedule. However, at Future English Academy- Online’s own discretion,  the teacher may grant the Teacher the opportunity to sign up for Talk Any Time Lessons through the Teacher’s account (“ Talk Any Time Lessons”). Future English Academy – Online! does not guarantee that  Talk Any Time Lessons will be available or that  the Teacher will have Talk Any Time Lessons enabled in the Teacher’s account, nor that Students will be available when they are logged into the Site for Talk Any Time Lessons. Future English Academy – Online reserves the right to cancel Talk Any Time Lessons at any time.

3. Payment

In consideration of the Teacher’s performance of  the Teacher’s Services,  Michael McKee DBA Future English Academy – Online! shall pay to the Teacher a fee equal to $0.20 per minute spent performing the Teacher’s Services through the Site, as recorded by Future English Academy – Online! though data recorded by Clocking In and Out of the Jibble platform (located at https://www.jibble.io/).   At its sole discretion. Future English Academy – Online! shall pay the Teacher on a Monday following the week of  the Teacher’s Services. The Teacher’s pay shall be made through a third-party payment processor (e.g. PayPal TransferWise, GCash)  as designated by Future English Academy – Online  at Future English Academy – Online’s sole discretion. All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable.  The Teacher has all necessary rights in such account with the third-party payment processor to authorize m Future English Academy – Online to make payments to such account, and the Teacher agrees that payments made to the account designated by  the Teacher on the Platform satisfies all of Future English Academy – Online’s obligations heremy – eunder. Future English Academy – Online! is not responsible for any issues that  the Teacher may experience with PayPal, GCash, TransferWise or any other third-party payment processor. If  the Teacher has any questions concerning the third-party payment processor and its practices,  the Teacher may contact the third-party payment processor directly.

4. Proprietary Information

Without limiting the Agreement, the Teacher agrees that all files, documents, letters, memoranda, reports, records, data, sketches, drawings, models, laboratory notebooks, program listings, computer equipment or devices, computer programs or other written, photographic, or other tangible material containing Future English Academy – Online’s  proprietary information, whether created by the Teacher or others, which shall come into his custody or possession, shall be and are the exclusive property of Future English Academy – Online! to be used by the Teacher only in the performance of his duties for Future English Academy – Online! and shall not be copied or removed from any Future English Academy – Online! Site or related sites except in the pursuit of the business of Future English Academy. All such materials or copies thereof and all tangible property of Future English Academy – Online! in the custody or possession of the Teacher shall be delivered to Future English Academy – Online!, upon the earlier of (i) a request by Future English Academy – Online! or (ii) the termination of the Agreement. After such delivery, the Teacher shall not retain any such materials or copies thereof or any such tangible property.

The Teacher’s obligations with respect to proprietary information of Future English Academy – Online! also extends to such types of information, materials and tangible property of customers of Future English Academy – Online! or suppliers to Future English Academy – Online! or other third parties who may have disclosed or entrusted the same to Future English Academy – Online! or to the Teacher.

5. Student Data

The Teacher understands that in the course of offering or providing the Teacher’s Services to Students, The Teacher may obtain personal information from Students, including without limitation access to recordings of Sessions, the Student’s age, geographic location, profession, and/or language abilities (collectively, “Student Data”). The Teacher agrees that he or she will only access or otherwise use or process Student Data solely to provide the Teacher’s Services. The Teacher may use or disclose Student Data for other purposes only if explicitly authorized by the applicable Student or as required by applicable law. Without limiting the Teacher’s other obligations as a “controller” under the GDPR, and a “business” under the CCPA (if applicable to the Teacher), The Teacher agrees to secure and protect Student Data as required under applicable law. 

6. Teacher Release

The Teacher  grants Future English Academy – Online! the right and permission to use in perpetuity, The Teacher’s name, likeness, image, voice, recorded voice, appearance, recorded appearance (including through video or photography), biographical information, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Future English Academy – Online!  products and services, without review, permission or compensation of any amount or kind whatsoever. Future English Academy – Online! shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring the Teacher’s Appearance (“Ad Product”), including copyright interests, and the Teacher acknowledges it has no interest or ownership in the Ad Product (or any portion thereof) or its copyright. This grant includes without limitation the right for Future English Academy – Online! to edit, abridge, augment, title, or create a compilation from  the Teacher’s Appearance in whole or part as Future English Academy – Online! may elect in its sole discretion. 

7. Developments

The Teacher will make full and prompt disclosure to Future English Academy – Online! of all inventions, creations, improvements, discoveries, methods, developments, software and works of authorship, whether patentable or not, that are created, made, conceived or reduced to practice by him or under his direction or jointly with others during the period in which the Teacher is eligible to offer the Teacher’s Services on the Platform (the “Service Period”), whether or not during normal working hours or on the premises of Future English Academy – Online!  (all of which are collectively referred to in this Addendum as “Developments”). Tutor agrees to assign and does hereby assign to Future English Academy – Online! (or any person or entity designated by Future English Academy – Online!) all of his right, title and interest in and to all Developments and all related patents, patent applications, copyrights and copyright applications. However, the previous sentence shall not apply to Developments that do not relate to the present or planned business or research and development of Future English Academy – Online! and that are made and conceived by the Teacher not during normal working hours, not on Future English Academy Online! premises and not using Future English Academy – Online! tools, devices, equipment or Future English Academy – Online! Materials. The Teacher understands that, to the extent this Addendum shall be construed in accordance with the laws of any state that precludes a requirement that an individual assign certain classes of inventions, this Section 5 shall be interpreted not to apply to any invention that a court rules and/or Future English Academy – Online! agrees falls within such classes. The Teacher hereby waives all claims to moral rights in any Developments. The Teacher agrees to cooperate fully with Future English Academy – Online!, both during and after the Service Period, with respect to the procurement, maintenance, and enforcement of copyrights, patents and other intellectual property rights (both in the United States and foreign countries) relating to Developments. The Teacher shall sign all papers, including, without limitation, copyright applications, patent applications, declarations, oaths, formal assignments, assignments of priority rights, and powers of attorney, which Future English Academy – Online! may deem necessary or desirable in order to protect its rights and interests in any Development. The Teacher further agrees that if Future English Academy – Online! is unable, after reasonable effort, to secure the signature of the Teacher on any such papers, any appointed person of Future English Academy – Online! shall be entitled to execute any such papers as the agent and the attorney-in-fact of the Teacher, and the Teacher hereby irrevocably designates and appoints such person of Future English Academy -Online! as his agent and attorney-in-fact to execute any such papers on his behalf, and to take any and all actions as Future English Academy – Online!  may deem necessary or desirable in order to protect its rights and interests in any Development, under the conditions described in this sentence.

8. Content of Students Under the Age of 13

The Teacher shall comply with the U.S. Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501-6508, and the COPPA Rule, 16 CFR Part 312, when providing the Teacher’s Services to Students Minor Students. As used herein, Minor Students shall be Students under the age of 13 in the United States, Students under the age of 16 in the European Union, and Students under the age of 14 in Spain or South Korea. In accordance with COPPA, the COPPA Rule, and this Addendum, the Teacher shall not use any content or information obtained from Minor Students provided during video chat sessions, through messaging with Minor Students, or otherwise provided by Minor Students to Tutor or obtained by the Teacher, except solely to provide Tutor’s Services to Minor Students. Tutor shall not disclose any content or information of or about Minor Students to any third parties other than  and  the Teacher agrees to delete or destroy any content or information of or about Minor Students upon request of Future English Academy – Online!

9. Remedies

The Teacher acknowledges that any breach of the provisions of Sections 4 or 5 of this Agreement shall result in serious and irreparable injury to Future English Academy – Online! for which Future English Academy – Online cannot be adequately compensated by monetary damages alone. The Teacher agrees, therefore, that, in addition to any other remedy it may have, Future English Academy – Online! shall be entitled to enforce the specific performance of this Agreement by  the Teacher and to seek both temporary and permanent injunctive relief (to the extent permitted by law) without the necessity of proving actual damages or posting a bond.

10. Other Agreements

The Teacher hereby represents that, except as the Teacher has disclosed in writing to Future English Academy – Online!, the Teacher is not bound by the terms of any agreement with any third party to refrain from using or disclosing any trade secret or confidential or proprietary information in the course of his consultancy with Future English Academy – Online! to refrain from competing, directly or indirectly, with the business of such third party or to refrain from soliciting employees, customers or suppliers of such third party. The Teacher further represents that his performance of all the terms of the Agreement and the performance of the Teacher’s Services as a Teacher of Future English Academy – Online! do not and will not breach any agreement with any third party to which the Teacher is a party (including without limitation any nondisclosure or non-competition agreement), and that the Teacher will not disclose to Future English Academy – Online! or induce Future English Academy – Online! to use any confidential or proprietary information or material belonging to any current or previous employer or others.

11. Modifications

Future English Academy – Online! may make modifications to this Agreement at any time. Except as explicitly provided in this Agreement, such modifications will be effective as to existing Tutors after Future English Academy – Online! provides notice of the modifications, either through the Platform user interface or sent to the e-mail address associated with your user account; and when you opt-in or otherwise expressly agree to the modifications or a version of this Agreement incorporating the modifications. If you provide written notice that you do not accept a proposed modification or decline to expressly agree to a proposed modification Future English Academy – Online! may terminate the Agreement and your use of the Platform.