This agreement is entered into this _________________________ between _________________ ("Instructor") and JOSE MARIA VARGAS UNIVERSITY, LLC ("University"), (collectively, "the Parties"), and in consideration of the provisions below, the Parties agree as follows:
1. Object. Continue Education Course. Instructor agrees to provide a Continue Education Course called _________________ (“The Course”) to the University. The course duration is: _____________Hours and it will be taught on site or On- Line, the onsite courses will be taught in university campus in Pembroke Pines Florida. For Online courses will be delivered through the University web site and in the digital platforms provided by the University, any violation of this requirement will immediately void and cancel this Contract. University will provide the Instructor with instructions and requirements to upload continue education Course materials and content to University website or digital platforms. All candidates, prospects and students requesting to enroll on this Course described will apply through the University website, digital platform, by email, by phone or any other means authorized by University.
2. Instructor Responsibilities. The Instructor will manage and perform all duties related with the teaching, organization and curriculum of the Course. The Instructor will provide the University, in written form, with all information related to this Course, including curriculum, syllabus, software, books, guides, Course requirements and any other material required by the University to provide an excellent service to our students. The Instructor will notify, in written form, the number of student who finalized the Course.
3. University Responsibilities. University will provide the website space necessary to teach this Course on-line. When the course is taught on site the university will provide the necessary space to teach the course on campus. University will provide the Course signed completion certificates to the students enrolled on this continue education Course. Administration duties will be performed by University. University will notify Instructor the number of students enrolled on the described Course. University will determine the tuition & fees cost that the students will pay to enroll on this Course. 4. Calendar Terms. The Instructor agrees to teach and manage the Course described on this contract for the period of _________ (“Term) for the University and perform those duties assigned in connection with the continue education Course described and other related functions as assigned by University. This Term of this Contract will start on __________________at 12.A.M. Easter Time and will finalized on ___________at 12 .A.M. Easter Time.
A. Instructor agrees to: perform all functions in a proper manner as determined by University;; accept assignments as provided by University;; and comply with the rules & regulations of University as they are established, and as they may change in the sole discretion of University by and through the Faculty Handbook, and University standards, policies and directives and other requirements as set forth by University pursuant to its sole discretion from time to time (collectively, the "Standards"). Instructor agrees to this Period of employment is a category in addition to these teaching categories in the Faculty Handbook and pursuant to terms of this Agreement.
B. Instructor agrees to provide the appropriate teaching in accordance with the Standards that are set by University and to appear in a timely, appropriate and proper fashion when the courses are scheduled and meet the scheduling requirements and other obligations as are provided by University in its policies and in its communications and Standards that will be provided to Instructor from time to time during the term of this Agreement. Instructor hereby agrees to, and shall authorize University to, complete background checks as University deems appropriate. Notwithstanding Instructors' written acceptance of this offer, Instructor understands and agrees that that the Instructor is also contingent upon obtaining satisfactory results from criminal and other background checks, instructor will provide any other documentation requested by the University when this contract is signed. By signing below Instructor also agrees and consents to conducting or causing to be conducted background checks with respect to Instructor including checks of credit, court, law enforcement and other pertinent records and contacts with prior employers and other references.
5. Contract payment terms. The sum of tuition obtained by this continue education course (Name of the Course) only will be divided in half between the Parties signing this contract, the University will be awarded with the Fifty percent (50%) of the earnings derived of teaching this continue education Course and the Instructor with the other Fifty percent (50%). The University and the Instructor agrees that the amount that an student should paid to take this Course is ____$ per student____________ and that the payment of each the Parties will depend on the number of courses completely paid, dictated and finalized by the students taking this continue education Course. The University will have Fifteen (15) business days, after teaching of the Course has finalized and after all students have paid completely for the Course, to pay the Instructor quote part of Fifty percent (50%). Before taking the Course, Instructor has the obligation of confirming student payment. Enrollment on this Course requires that the students pay One Hundred Percent (100%) tuition payment. The compensation will be paid subject to all withholdings and deductions required by the Law. University will control the admissions, administration and tuition & fees funds related to this Contract. Once, term and Course has been finalized, Instructor quota part of Fifty percent (50%) will be paid by Bank Wire or Check to the follow account described by Instructor: Instructor Wire Instructions: Instructor Name: Bank Name: Bank Address: ABA Number: Instructor Physical Address: Account Number: 6. Instructor and University both agree that the contract with Instructor will be terminable at-will, which means that Instructor and University have the ability to terminate this contract at any time, provided that:
If Instructor terminates this Contract without completing the term and conditions of this contract, then Instructor will not be entitled to any payments for work not performed, and Instructor understands that all payments for the continue education Course will be only owed to Instructor after Instructor has satisfactorily, from the perspective of University, completed the Course.
7. Terms of the Agreement. The terms of this Agreement are not to be construed against either Instructor or University because of drafting, and otherwise will be given the usual interpretation that is applicable under the controlling law. The law controlling this Agreement will be the law of the State of Florida. If there are any disputes, such disputes will be submitted to the appropriate court in and for Broward County, Florida, and the Parties waive the right to trial by a jury. If any provision of this Agreement is found to be void, or unenforceable, then the remaining portions of the Agreement shall be interpreted to the extent possible to be enforceable. The covenants of this Agreement are severable and separate, and unenforceability of any specific provision will not invalidate any other provisions. It is the intent of the Parties to this Agreement that all provisions be enforced to the fullest extent, to which the Court, or any tribunal, deems reasonable, if there is a need to invalidate any portion of the Agreement.
8. This Agreement constitutes the final and binding Agreement between and among the Parties and may not be supplemented, or changed, without the written consent of the Parties signed by Instructor and signed by the appropriate representative of University.
9. Intellectual Property and Covenants as to Future Employment. Because this is an Contract for a term which is terminable at will, it is understood that after this Agreement ends, Instructor will have no right to maintain that Instructor is entitled to any future contracts, this one-time teaching opportunity for the Period as provided herein understanding that University has no future contract or employment obligations to Instructor. In the same manner, Instructor will not be expected to be available for other Periods, terms, or future work, and can plan accordingly to take other teaching positions or other work. The Parties agree, however, that since University will be providing certain materials that involve intellectual property, and University will be dependent upon Instructor's commitment to teaching obligations, in return Instructor agrees that:
A. During the Period of the continue education Course, Instructor will not abandon this commitment before the end of the Period established on this agreement. Because of the need to ensure that the students are protected, whether or not Instructor seeks to convince students to move or communicates with them, Instructor shall be obligated to comply with this covenant and obligation.
B. Instructor will not take the intellectual property, which includes the materials that are copyrighted or subject to trade secrets, and use such intellectual property in any other employment, or to provide such intellectual property to any other person or entity not connected with University insofar as such materials are either not publicly distributed, or are protected by copyright, or other intellectual property protections.
C. Instructor agrees to comply with the requirements in the Confidentiality Agreement attached hereto and also incorporated herein as Exhibit "A" regarding intellectual property, and such requirements and obligations of Instructor are incorporated herein.
D. Before obtaining other employment, Instructor will, if it is during the Period of the teaching this continue education Course provided for under this Agreement, or if it is for another educational institution, show such other person or entity that might be an employer the attached Confidentiality Agreement (Exhibit "A") in order to preserve rights, minimize any potential problems and answer any questions. If there are any issues, Instructor has the obligation to communicate with University in advance to ensure that there will be no violation of the provisions of this Agreement, including the intellectual property provisions. University will endeavor to work in good faith to minimize any problems so that, in University's discretion, arrangements may be made, if deemed possible by University in its discretion, to minimize restrictions and grant Instructor the ability to seek such arrangements. It is understood and agreed that the waiver of any one obligation by University of Instructor will not be construed to waive other applicable obligations of Instructor, or any other Instructor, and exceptions that may be made for Instructor, just as exceptions that may be made for others by University, will not set a precedent or entitle Instructor, or any other individual or entity, to maintain that there was a waiver of the rights of University.
10. University and Instructor also agree that there are appropriate educational requirements and regulations that the State of Florida has imposed and may impose, and the Parties will ensure that they recognize such obligations as those additional obligations are and may be imposed by law as long as such obligations are consistent with the provisions of this Agreement.
(Encyclopedia of Language and Education) Jasone Cenoz, Durk Gorter, Stephen May (Eds.) - Language Awareness and Multilingualism-Springer International Publishing (2017)