This Agreement for the Provision of Services for Self Employed Yogabugs Teacher

THIS AGREEMENT FOR THE PROVISION OF SERVICES FOR SELF EMPLOYED YOGABUGS TEACHER

DATED: [DATE]

BETWEEN:-

(1) YogaBugs [ NAME OF FRANCHISE, LOCATION AND DETAILS ] (“the Company”) and

(2) (“the Teacher”)

Of [TEACHER’S ADDRESS ]

NOW IT IS HEREBY AGREED as follows:-

GENERAL:

1.1This document sets out the terms and conditions upon which you have agreed to provide teaching services to the Company. You are also expected to refer to the Teachers’ Policy Agreement. The aim of the Company is to provide yoga classes specifically designed for delivery within the educational system and other third party venues (“the Client”)

1.2The Teacher’s offer of engagement is entirely conditional and subject to the receipt of:

1.2.1A clear Disclosure and Barring certificate (DBS)

1.2.2Proof that the Teacher is eligible to work in the United Kingdom pursuant to the Asylum and Immigration Act 1996 (as amended)

1.2.3Satisfactory completion of the YogaBugs training course

1.3The Company reserves the right to vary the terms and conditions of this Agreement from time to time. If any variation is made you will be notified in writing and (where reasonably practicable) will be given one month’s notice of such variation

1.4This Agreement, in conjunction with the Teachers’ Policy Agreement, constitutes the entire agreement between the parties and supersedes any previous agreement (whether verbal or written) made prior to this Agreement. Where there is any conflict between this Agreement and the Teachers’ Policy Agreement this Agreement shall prevail

NATURE AND PLACE OF WORK:

The nature of the Teacher’s work is set out in the Teachers’ Policy Agreement and will include all reasonable additional duties that the Company may require from time to time. The Teacher’s place of work will vary but principally will be at the teaching venues.

HOURS, DUTIES AND RESPONSIBILITIES OF THE TEACHER:

3.1The Teacher is required to adhere to any Company policies (including those set out in the Teachers’ Policy Agreement and any others that are in force from time to time and which have been brought to the attention of the Teacher). Failure to comply with these Company policies may lead to disciplinary action and/or termination of this Agreement

3.2Subject to paragraph 3.3 below the Company may engage the services of the Teacher as may be required by the Client from time to time (but shall not be obliged to engage the services of the Teacher and no guarantee as to any minimum hours is given by the Company). Neither the existence of this Agreement nor the provision of any services in the past by the Teacher shall give rise to any obligation upon the Company to make use of the Teacher’s services. Conversely, the Teacher shall be under no obligation to agree to provide any services unless he/she has agreed with the Company specifically to do so (and, for the avoidance of doubt, where the Teacher has agreed to provide the services for a particular fixed period he/she is then obliged to perform the services at the times notified by the Company).

3.3In the absence of any written agreement to the contrary the Teacher will be engaged to provide services for a fixed period of 10 weeks (commencing with the date notified to the Teacher and accepted by him/her). The engagement will automatically expire at the end of this period, and there shall be no continuity of service (and the terms of this Agreement shall not be in force) between this expiration and the commencement of any new fixed period of services (whether for a further 10 weeks or otherwise) in respect of which the Teacher is engaged.

3.4In the provision of services to the Client, the Teacher shall at all times:

3.4.1 Perform the tasks assigned to him/her punctually. The Teacher may not, of his/her own accord, postpone the carrying out of such tasks to a later time. This may only be done with the prior consent of an officer of the Company. If there is an anticipated delay or non-attendance, the Teacher should call the company (or the mobile number, if outside office hours) well in advance of the agreed time and ensure that the message is conveyed to the appropriate supervisor

3.4.2 Perform the assigned tasks thoroughly, professionally and with due diligence and care

3.4.3 Be available to perform (and do perform) any tasks assigned to him/her which fall to be performed at a time which the Teacher has indicated as being time which they are available in respect of on their availability sheet.

3.5In the provision of services to the Client, the Teacher shall not at any time assign the obligation personally to perform the services required by this Agreement.

TRAINING:

4.1 The Teacher is required to undertake all and any training (and to attend where notified

any training courses) as reasonably required by the Company

4.2In the event that this Agreement is terminated (for whatever reason) within one year of its commencement, the Teacher will be required to reimburse the Company in respect of any training and recruitment costs incurred as follows:

Less than 3 months service100%

Less than 6 months service75%

Less than 9 months service50%

Less than 12 months service25%

The above includes any additional training received by the teacher for Yoga’d Up and/or MiniBugs and MightyBugs and the date on the supplied certificate will be used to determine the months of service for each.

4.3In the event that the Teacher does not attend a training course (without good reason or having received prior approval from the Company for the non-attendance) that the Company has required him/her to attend pursuant to this Agreement the Teacher will be required to reimburse the Company all of the costs incurred in respect of that course

REMUNERATION:

5.1The Teacher will be paid per hour, at the gross rate notified at the commencement of each term or in respect of a particular session. The Teacher will be paid by the last working day of each calendar month, subject to having provided the Company with any timesheets or other documentation as required (as set out in the Teachers’ Policy Agreement).

5.2It is agreed that the Company will not be operating PAYE or making or deducting any National Insurance Contributions in respect of your fees. You shall be responsible for all income tax liabilities and National Insurance in respect of your fees. You agree to indemnify the Company against all claims which may be made against the Company in respect of income tax and National Insurance contributions (including penalties and interest) relating to the provision of your services under this Agreement.

DEDUCTIONS FROM WAGES:

The Company has the right to make deductions from any monies due to Teacher under this Agreement (without prejudice to the Company’s right to recover any sums due from the Teacher by way of any form of legal action) in order to recover any of the following:-

(a)Any overpayment of wages, expenses, or any other payment in excess of contractual entitlement howsoever arising

(b)Any debt owed by the Teacher to the Company

(c)Any other amount in respect of which the Teacher gives written authorisation to the Company to make such deduction

(d)Any monies owed pursuant to paragraphs 4.2 or 4.3 of this Agreement

TERMINATION OF THE AGREEMENT:

7.1The Teacher is required to give the Company not less than four weeks written notice should the Teacher wish to terminate the Agreement. The Company is required to give the Teacher not less than four weeks written notice to terminate the Agreement

7.2In accordance with the Company’s Dismissal and Disciplinary Procedure (see paragraph 9 below) the Company is entitled to dismiss the Teacher without notice in the event of serious misconduct and/or serious negligence

7.3Upon termination of this Agreement, the Teacher shall be required to return all Company property, including but not limited to any documentation, manuals, corporate clothing, merchandise and teaching materials in his/her possession at the time of the termination of this Agreement

8.CONFIDENTIALITY AND ACTIVITIES DURING THE AGREEMENT:

8.1Without prejudice to his/her common law duties, the Teacher shall not (except in the proper course of his/her duties, as authorised or required by law or as authorised by the Company, either during the term of the Agreement or at any time after termination of the Agreement (howsoever arising):

8.1.1 use any Confidential Information; or

8.1.2 make or use any Copies; or

8.1.3 disclose any Confidential Information to any person, company or other organisation whatsoever.

8.2 The Teacher shall be responsible for protecting the confidentiality of the Confidential Information and shall:

8.2.1 use his/her best endeavours to prevent the use or communication of any Confidential Information by any person, company or organisation (except in the proper course of his duties, as required by law or as authorised by the Company); and

8.2.2 inform the Company immediately upon becoming aware, or suspecting, that any such person, company or organisation knows or has used any Confidential Information.

8.3 Nothing in this paragraph 8 shall prevent the Teacher from disclosing information which he/she is entitled to disclose under the Public Interest Disclosure Act 1998, provided that the disclosure is made in accordance with the provisions of that Act.

8.4 For the purposes of this paragraph 8 the following definitions apply:

8.4.1 “Confidential Information” means information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, products, affairs and finances of the Company or the Company’s franchisor (“ YogaBugs Ltd”) for the time being confidential to the Company or YogaBugs Ltd and trade secrets including, without limitation, training manuals, technical data and know-how relating to the business of the Company or YogaBugs Ltd or any of its (or their) suppliers, clients, customers, agents, distributors, shareholders or management including such that the Teacher creates, develops, receives or obtains in connection with this Agreement, whether or not such information (if in anything other than oral form) is marked confidential.

8.4.2 “Copies” means copies or records of any Confidential Information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) including, without limitation, extracts, analysis, studies, plans, compilations or any other way of representing or recording and recalling information which contains, reflects or is derived or generated from Confidential Information.

8.5During the term of this Agreement the Teacher must not:

8.5.1work for any business which is competitive with the Company and, in order for this restriction to be observed, the Teacher must obtain consent from the Company in respect of all other employment undertaken or other paid services performed (such consent which will not be unreasonably withheld by the Company). For the avoidance of doubt, the Company will not withhold

consent where the employment or services do not conflict in any way with the business of the Company (such an example would include the teaching of adult yoga classes in the evenings); or

8.5.2work for any franchisee of YogaBugs Ltd (whether on an employed, self-employed or unpaid basis) other than the Company, without the prior consent of both the Company and YogaBugs Ltd; or

8.5.3introduce any business which the Company could service to any party other than the Company (unless the Teacher introduces it to the Company who confirm that the business is not wanted); or

8.5.4solicit (whether directly or indirectly) business from any other franchisee of YogaBugs Ltd.

8.6 Should (for whatever reason) the company cease training or terminate their
agreement with YogaBugs Ltd (Franchisor) then all post terminations
conditions are assigned to YogaBugs Ltd.

9.DISCIPLINARY RULES:

9.1The disciplinary rules relating to the Teacher’s engagement (including the right to appeal against any disciplinary sanction) are set out in the Company’s Dismissal and Disciplinary Procedure. The Company may change the terms of the dismissal and disciplinary procedure at any time at its absolute discretion but will at all times at least comply with the provisions of the Employment Act 2002 (Dispute Resolution) Regulation 2004 (or as amended).

9.2The Company expressly reserves the right to suspend the Teacher pending investigation of any disciplinary or related matters, during which time the Company will not be obliged to pay the Teacher for any teaching engagements that he/she misses.

9.3 Should the company occur costs during this investigation period the company reserves the right to pass their costs onto the teacher.

10.GRIEVANCE PROCEDURE:

If the Teacher has any grievance, the Teacher is encouraged to raise this, in the first instance, orally or in writing (and informally) with a director of the Company. If the matter is not resolved at that level (or the Teacher wishes to raise a formal grievance immediately) the Teacher should follow the Company's Grievance Procedure

11.POST-TERMINATION RESTRICTIONS:

11.1The Teacher shall not, so as to compete with the Company and/or to harm the goodwill of the Company, during the period ending 12 months after the date of termination of this Agreement directly or indirectly, and whether as principal or otherwise, canvass or solicit Business from or do Business with any Client with whom the Teacher shall have had material dealings in the course of their duties hereunder in the Relevant Period or with whom to your knowledge any member of staff under your control shall have had dealings in the course of their duties to the Company in the Relevant Period.

11.2The Teacher shall not, during the period ending after the date of termination of this Agreement, carry on or be interested in any business which is similar to the Prohibited Business in competition with the Company, whether as principal, agent, partner, director, proprietor, teacher or otherwise.

11.3Each of the restrictions contained in this paragraph 11 are considered reasonable by the Teacher and the Company and are intended to be separate and severable. In the event that any of the said restrictions shall be held void, but would be valid if part of the wording thereof was deleted such restriction shall apply with such deletion as may be necessary to make it valid and effective.

11.4 For the purpose of this paragraph 11 the following definitions shall apply:-

11.4.1“Relevant Period” shall mean the 12 month period ending with the date of termination of this Agreement

11.4.2 “Restricted Client” shall mean any person, firm or company who:-

(i) was at any time in the Relevant Period a client of the Company; or

(ii) was at the date of termination of this Agreement negotiating with the Company with a view to becoming a client of the Company.

11.4.3 “Prohibited Business” shall mean any business or activity carried on by the Company at the date of termination of this Agreement in which the Teacher shall have been directly concerned at any time in the Relevant Period.

12.GOVERNING LAW:

This Agreement shall be governed by and construed in accordance with the law of England.

Signed for and on behalf of the Company:

Signed by the Teacher: