Teacher Addendum
This Teacher Addendum (“Teacher Addendum”) is part of Outschool’s Terms of Service (“Terms of Service”) and by offering or planning to offer classes on Outschool, you’re agreeing to this Teacher Addendum and the Terms of Service. Any capitalized terms not defined in this Teacher Addendum, will have the meaning as defined in the Terms of Service.
1. General Teacher Obligations and Terms
a. Marketplace Basics: As a Teacher, you must provide Outschool with any information requested in order for Outschool to list your Classes through its Services, including but not limited to a description of the Classes and the price for the Classes. Each Class listed by a Teacher should follow the Outschool’s Class Content Policy. Outschool reserves the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace that violate Outschool policies, including, but not limited to the Community Standards. Outschool may, but is not required to, conduct background checks on potential Teachers. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to provide accurate and truthful information during such process. Outschool may make changes to onboarding or authentication processes for Teachers and completion of these processes may be required for Teacher account activation or continued access and usage of the Services. In addition, in connection with your use of the Services, you agree to abide by the terms of our Help Center, which may be updated from time to time.
b. Community Standards: When you join the Outschool community, you agree to follow our policies, including the Community Standards. Those expectations include thoughtful and professional communications with the Outschool community (e.g. other Teachers, Parents, Learners), modeling appropriate behavior for Learners, and displaying professionalism. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner and not engage in inappropriate behavior, including, but not limited to:
i. Inappropriate behavior in any Outschool-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Outschool believes to be unconducive to a respectful and welcoming community for all.
ii. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media as an agent of Outschool without prior written authorization from Outschool; posts that Outschool finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or Outschool staff, even if the target is not identified by name; sharing any private material, communication, or information regarding Parents of Learners, including but not limited to Learners’ or Parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Outschool’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Outschool’s policies and/or Community Standards.
c. Learner Safety: In accordance with mandated reporting laws, each Teacher is required to report to Outschool any suspected case of child abuse or neglect they become aware of during their work with Outschool Learners. Consistent with the Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), Outschool defines “abuse or neglect” as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or “an act or failure to act which presents an imminent risk of serious harm.” Teachers may also be required to report suspected abuse or neglect to local authorities, and Outschool expects all teachers to comply with their individual reporting responsibilities. Teachers shall be fully responsible and liable for any foregoing reporting requirements it may have based on local laws. Outschool itself may report instances of suspected abuse or neglect as it deems appropriate.
d. Teaching School Learners: Outschool may present opportunities for you to offer Classes or educational experiences to young learners through their school (“School Learners”). If you decide to participate in such opportunities, Teachers are required by law to learn about and familiarize themselves with their obligations under student data and privacy protection laws and the related legally-mandated safeguards. Teachers interested in offering their classes to School Learners may be required by the school to complete special education in order to perform such services.
e. Teacher Responsibilities: Each Teacher is solely responsible and liable for obtaining all licenses and other permissions required to offer or provide any Classes, including, but not limited to, complying with any applicable laws, rules or regulations. Outschool assumes no responsibility for a Teacher's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
f. Independent Contractor Relationship. You understand and agree that Outschool is not an insurer, agent or employer for you as a Teacher, and you offer your Classes on Outschool solely as an independent contractor. If a Parent purchases and enrolls in any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Outschool is not a party thereto. Notwithstanding the foregoing, you appoint and authorized Outschool to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus Other Fees as listed in the Paying for Classes article, including, but not limited to the Marketplace Fee), such as if payment is made directly to you by the Parent. Outschool, as limited payment collection agent for you, agrees to facilitate the payment of any Classes pursuant to this Teacher Addendum, the Terms of Service and the Teacher Earnings and Payment policy, unless otherwise agreed between Outschool and the Teacher. In addition, you acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of Learners enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Outschool to any third parties. Allowing other Teachers within your Educator Organization to view the Class Recordings, however, is permissible.
g. Communications to Parents and Learners: Each Teacher is solely responsible to comply with applicable laws, regulations and rules, including, but not limited to, marketing laws and consumer protection laws, when communicating with Parents on the Outschool Platform, such as through messages. Communications on Outschool or Outschool-affiliated channels may not be used for the following activities:
i. Sending unsolicited communications, advertising or promotions, requests for donations, or spam in violation of applicable law;
ii. Harassing or abusing another member or violating our Community Standards;and/or
iii. Exchanging personal contact, financial or other information for the purposes of making an off-platform communications, including phone number, address, email, social media handles, external URLs, instructions for money transfer, QR codes, etc. Outschool cannot help with issues that are taken off platform.
h. Educator Organization. Each Educator Organization is responsible and liable for the acts and omissions of each Teacher and/or any personnel who, directly or indirectly, utilize the Services. Further, each Educator Organization is responsible for informing and ensuring compliance of its Teachers and/or personnel of any and all of their obligations under this Teacher Addendum, the Terms of Service and any other applicable terms and policies. In addition to this Teacher Addendum and the Terms of Service, each Educator Organization will execute and comply with the terms of their Educator Organization Agreement with Outschool.
i. Additional Teacher Service Terms: Outschool may offer additional products, services, or features, which may include an additional fee to you to help you sell and offer your Classes on Outschool (each an “Additional Teacher Service”), which may be subject to additional terms, conditions, or guidelines (“Additional Teacher Service Terms”). Any Additional Teacher Service Terms will be part of this Teacher Addendum and the Terms of Service, provided that in the event of any conflict between such Additional Teacher Service Terms, this Teacher Addendum, and/or Terms of Service, the Additional Teacher Service Terms shall control as it relates to the Additional Teacher Service. The current Additional Teacher Service Terms can be found here.
j. Your User Content and Class Recordings: You acknowledge and agree Outschool may use your User Content and Class Recordings of your Classes, including, but not limited to images of you and/or your class listing information for promotional services to help grow and improve the Outschool Platform and Services. This allows us to provide the Services and to promote Outschool, your Classes, other Classes, or the Services in general, in any formats and through any channels, including across the Outschool Platform, and/or our partners’ or third-party’s websites or advertising medium. websites or advertising medium.
2. Class Prices and Teacher Payment
a. Class Prices: Each Teacher sets their own Class Price for the Classes a Teacher offers to Parents on the Outschool Platform.
b. Teacher Payment: Except as otherwise stated in the Additional Teacher Service Terms, Outschool will transfer the “Teacher Payment” (Total Price minus Teacher Fee (as defined below) and Other Fees) to Teacher’s Paypal account for each sale of a Qualifying Class (as defined below) (or set of Classes, as applicable) to a Parent within a reasonable period of time according to this Teacher Addendum, the Terms of Service, and schedule and policies detailed in our Teacher’s earnings and payment policy. In order to transfer funds to Teacher’s Paypal account, Teacher shall have a registered and active Paypal account.
i. “Teacher Fee” shall mean Outschool’s take rate of a set percentage, as set forth in the Teacher’s earnings and payment policy, of a Parent’s payment of a Class Price. For clarity purposes the Teacher Fee excludes the Marketplace Fee and/or any other fees for Additional Teacher Service(s).
ii. A “Qualifying Class” means a Class purchased and enrolled by a Parent through the Outschool Platform or Outschool-related application, that was: (1) attended; or (2) missed by the Learner (i.e. not attended and/or also not canceled or late cancelled outside the acceptable cancellation period, and not at the fault of the Teacher). In addition, Outschool has discretion to act on behalf of the Parent, and to not transfer the Class Price to Teacher, in the cases as stated in the Refund Policies for Teachers. Outschool will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide to issue a refund to the Parent.
iii. Taxes: You shall be solely responsible for all taxes associated with your Classes. There are certain taxes Outschool will collect and/or remit to tax authorities (“Taxes”).
Collection and Remittance by Outschool. In jurisdictions where Outschool is legally required to facilitate the collection and/or remittance, you instruct and authorize Outschool to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Outschool may seek additional amounts from you (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge your tax obligations, and you agree that your sole remedy for Taxes collected by Outschool is a refund from the applicable tax authority. You acknowledge and agree that Outschool retains the right, with prior notice to you (if you are affected), to cease the collection and remittance of Taxes in any jurisdiction for any reason.
Tax Information. In certain jurisdictions, Tax regulations may require that Outschool collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Outschool may issue on your behalf invoices or similar documentation for Taxes for your Class offerings to facilitate accurate tax reporting.
iv. Reconciliation: If you believe your Teacher Payment was processed incorrectly, you have thirty (30) days to contact Outschool support from the date you received payment to help reconcile any differences. Thereafter, Teacher Payments will be deemed final and Outschool will have no future responsibility or liability to you regarding such payment.
3. Further Documentation and Cooperation: You agree to execute any additional documentation and take any other further action that is or may become necessary to comply with applicable laws. You further agree to reasonably cooperate with Outschool in this regard if Outschool seeks your assistance.
