Educator Agreement

1. Parties

This Independent Contractor Agreement ("Agreement") is entered into by and between BOWER Education LLC, a California limited liability company ("BOWER"), and the Educator accepting this Agreement ("Educator").

2. Independent Contractor Status

2.1 Contractor Classification. The Educator is an independent contractor and not an employee of BOWER. Educator is not entitled to employee benefits, workers' compensation insurance, unemployment insurance, or any other employment benefits. Educator is responsible for all payroll taxes, self-employment taxes, and applicable federal, state, and local tax obligations.

2.2 Independent Practice. Educator represents that they operate (or are establishing) an independent educational practice. BOWER encourages Educators to maintain their own professional presence (such as a website, social media, or business cards), though this is not required and the absence of an outside business does not affect an Educator's standing on the platform.

2.3 Own Name and Brand. Educator provides services under their own legal name or business name. BOWER's platform displays the Educator's identity, credentials, and qualifications as provided by the Educator.

2.4 Freedom to Work Elsewhere. Educator is free at all times to provide educational services through other platforms, maintain independent clients, advertise services generally, and engage in any other professional or business activity. BOWER places no restriction on Educator's ability to work with any other party, at any time, in any capacity.

3. Services Provided by Educator

Educator agrees to provide educational services ("Services") to families on terms determined solely by Educator. Educator exercises exclusive control over: developing and delivering educational instruction; setting rates, pricing, and total fees charged to families; controlling schedule and availability; selecting curriculum, teaching methods, and instructional materials; determining lesson content, structure, and delivery format; and choosing the location where services are provided. BOWER does not direct, supervise, or evaluate the manner in which Educator performs Services.

4. Referral and Technology Services Provided by BOWER

BOWER is a technology platform that provides referral and matching services connecting families seeking educational services with independent educators who operate their own teaching practices. BOWER does not provide educational services. BOWER provides the following referral and technology services to Educator: access to the educateprivately.com platform for client referrals; marketing and family matching services; payment processing and Stripe Connect payouts; messaging and communication tools; and optional Featured Educator placement ($29/month).

5. Compensation and Referral Fee

5.1 Educator-Set Pricing. Educator sets their own total price for all services offered through the platform. The price displayed to families is the price Educator has chosen. BOWER does not set, approve, or modify Educator's rates.

5.2 Referral Fee. In exchange for BOWER's referral and technology services described in Section 4, Educator pays BOWER a referral fee on each transaction processed through the platform. The rate depends on Educator's classification:

• Individual Educators pay a referral fee of 20% and receive 80% of the total transaction amount.
• Camps, learning centers, and other organizational Educators pay a referral fee of 10% and receive 90% of the total transaction amount.

The referral fee is automatically deducted at the time of payment processing. The same classification-based rates apply to sales of digital goods (curriculum, lesson plans, educational materials) through the platform. BOWER will classify Educator at onboarding and will notify Educator in writing of any change in classification.

5.3 Payment Method. All payments are processed through Stripe Connect (Standard Account). Educator is the merchant of record — payments from families are created directly on Educator's connected Stripe account, with BOWER's referral fee deducted automatically as an application fee. Educator will establish and maintain a Stripe Connect account to receive payouts.

5.4 Featured Educator Placement. Educator may opt into Featured Educator placement for $29 per month, providing enhanced visibility on the platform. This fee is in addition to the referral fee described in Section 5.2.

5.5 No Minimum Guarantee. BOWER makes no guarantee of income or minimum earnings.

6. Background Check Requirement

Educator must complete and pass a fingerprint-based background check at the state and federal (FBI) level prior to beginning Services. Educator must maintain compliance with background check requirements as specified by BOWER and applicable law. Failure to pass or maintain background check clearance will result in immediate termination of this Agreement.

7. Educator Responsibilities

7.1 Taxes. Educator is solely responsible for all federal, state, and local income taxes, self-employment taxes, and any other tax obligations. Stripe will issue a 1099-K to Educator reflecting gross payment volume processed through Stripe Connect. BOWER does not issue a 1099-NEC. Educator is responsible for accounting for the referral fee as a business expense.

7.2 Insurance. Educator is responsible for obtaining and maintaining their own liability insurance, disability insurance, and any other insurance as deemed necessary.

7.3 Materials and Supplies. Educator and enrolled families share responsibility for instructional materials, supplies, technology, and resources. Educator will communicate material requirements to families in advance of sessions. Families are responsible for providing materials designated by Educator at their own expense. Educator is responsible for providing any specialized materials, proprietary curriculum resources, or professional tools necessary for instruction.

7.4 Professional Conduct. Educator agrees to maintain professional conduct, promptly respond to family inquiries, and honor scheduled lessons and commitments.

8. Platform Usage Terms

8.1 Account. Educator agrees to create and maintain an account on educateprivately.com in their own legal name or registered business name.

8.2 Compliance. Educator agrees to comply with all platform terms of service, privacy policies, and community guidelines.

8.3 Accurate Information. Educator agrees to provide accurate biographical information, credentials, and teaching experience on their profile.

9. Intellectual Property

9.1 Educator Curriculum. Educator retains all intellectual property rights to curriculum, lesson plans, materials, and instructional content created by Educator. Educator may sell or distribute digital curriculum and educational materials through the BOWER platform. Sales of digital goods through the platform are subject to the applicable referral fee described in Section 5.2.

9.2 Platform License. Educator grants BOWER a non-exclusive license to use Educator's profile, bio, credentials, and listings on the platform for marketing and family matching purposes.

10. Confidentiality

Educator agrees to maintain confidentiality regarding family contact information, student data, and any proprietary BOWER platform information obtained during the course of services. Educator will not share family information with third parties without explicit consent from the family.

11. Non-Solicitation

11.1 Limited Non-Solicitation. For six (6) months after this Agreement ends, Educator agrees not to directly solicit families met through BOWER for the purpose of moving those families off-platform. This applies only to families with whom Educator has had three (3) or more paid sessions in the final twelve (12) months of this Agreement.

11.2 What This Does NOT Restrict. For clarity, this non-solicitation provision does not restrict Educator from: (a) accepting inbound contact from any family for any reason; (b) advertising services generally through any channel; (c) working with any family not originally met through BOWER; (d) working with any other platform, marketplace, or referral service at any time; or (e) maintaining and growing an independent educational practice outside of BOWER.

12. Termination

12.1 Termination by Either Party. Either party may terminate this Agreement with 30 days' written notice.

12.2 Immediate Termination. BOWER may immediately terminate this Agreement without notice for: (a) failure to pass or maintain background check clearance, (b) violation of platform terms of service, (c) breach of confidentiality or non-solicitation provisions, or (d) conduct that endangers the safety of families or students.

12.3 Effect of Termination. Upon termination, Educator will cease use of the platform and return or destroy all confidential information.

13. Liability and Indemnification

13.1 Assumption of Risk. Educator assumes full responsibility for instruction of families and assumes all liability arising from Educator's Services, teaching methods, and curriculum.

13.2 Indemnification. Educator agrees to indemnify, defend, and hold harmless BOWER from any claims, damages, or liabilities arising from Educator's Services, conduct, or breach of this Agreement.

14. Dispute Resolution

14.1 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions.

14.2 Mediation. In the event of a dispute, the parties agree to attempt resolution through good faith mediation before pursuing legal action.

15. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements. Any amendments must be made in writing and signed by both parties.