Specialist and Tutor Agreement

This agreement is made between Remarkable Minds Ltd (a company registered in England and Wales, referred to here as “Remarkable Minds”, “we” or “us”) and you, the self-employed specialist or tutor who has applied to take work through our platform (referred to here as “you” or “the specialist”).

It takes effect on the date you accept it in your Remarkable Minds account and continues until it is ended under section 15. It applies whether you deliver sessions online or in a family home.

• Client: a parent, carer, school, local authority, charity or employer who books support through Remarkable Minds.
• Child: the child or young person the session is for, including young adults aged 18 to 25 supported under an Education, Health and Care Plan.
• Session: any piece of work you deliver to a client following an introduction from us, whether online, by telephone or in person.
• Introduction: the moment we give a client your details or give you a client’s details, whichever happens first.
• Platform: the Remarkable Minds website, dashboard, messaging and video tools.
• DSL: our Designated Safeguarding Lead, Jake Owen.

You are an independent, self-employed contractor. You are not an employee, a worker, an agency worker or a partner of Remarkable Minds, and nothing in this agreement creates an employment relationship, a partnership or a joint venture.

That means you decide whether to accept any particular piece of work, you control how you deliver it within the standards set out here, and you are responsible for your own income tax, National Insurance contributions, VAT where it applies, and any pension arrangements. You are not entitled to holiday pay, sick pay, notice pay or any other employment benefit from us.

You must have the right to work in the UK and to provide the services you offer. If you work through a limited company or a partnership, you must tell us, and you remain personally responsible for the standards and conduct in this agreement. You agree to indemnify us for any tax, National Insurance, penalty or interest we are required to pay because of your status or your own arrangements.

Remarkable Minds is a work-finding and introduction service. We market the network, take enquiries from clients, match them to specialists, handle the booking and the money, and provide the platform the work runs on. The professional relationship for the session itself is between you and the client.

We do not guarantee any volume of work, any minimum number of hours, any level of earnings, or that you will be introduced to any client at all. Enquiries vary by subject, need, location and season, and we match on suitability for the child first.

Remarkable Minds does not carry out assessments or diagnosis of any kind and is not a clinic or a healthcare provider. We do not supervise your professional practice, and we are not your regulator. You remain professionally accountable for the work you deliver.

Before your first introduction you must complete our vetting: photo identity, proof of right to work in the UK, a CV or professional profile, an Enhanced DBS certificate (or the PVG or AccessNI equivalent), and evidence of insurance where you hold it. What we ask for and what we do with it is set out in our vetting policy.

Everything you give us must be true, complete and current. Vetting is not a one-off event. For as long as this agreement is in force you must tell us immediately, and in any event within five working days, if:

• your DBS, PVG or AccessNI certificate lapses, is withdrawn, or a new certificate is issued to you
• you leave the DBS Update Service or your subscription lapses
• your professional indemnity or public liability insurance lapses, is cancelled, or its cover is reduced
• you receive a caution, reprimand, warning, conviction or bind-over, or are charged with any offence
• you are placed on a barred list, or are the subject of a referral to the DBS
• a regulator, professional body or awarding organisation opens an investigation into you, imposes a condition or sanction, or removes you from its register
• an employer, school, local authority or another platform suspends, dismisses or removes you for a safeguarding or conduct reason
• a local authority designated officer, children’s social care team or the police makes enquiries about your conduct with a child
• your right to work in the UK changes or expires

Telling us does not automatically end your place in the network. We consider the circumstances (see our vetting policy). Not telling us is a serious breach of this agreement and will normally end it.

Your public profile must be an accurate description of what you are qualified and insured to do. We verify qualifications with the awarding or regulatory body and we gate the wording your profile can use accordingly. You must not describe yourself in a way that implies a qualification, registration or role you do not hold.

In particular:

• You must not use the words assessment, assess, diagnosis or diagnose about your work with a child unless you hold a current Level 7 Assessment Practising Certificate (or an equivalent recognised practising certificate) and your insurance covers that activity.
• You must not use clinical or therapeutic language, or hold yourself out as a clinician, therapist, psychologist or practitioner, unless you are registered with the HCPC, the British Psychological Society or the BACP (or another appropriate statutory or accredited register) and you say which.
• You must not offer, imply or deliver assessment or diagnosis through a Remarkable Minds introduction. Remarkable Minds itself does not assess or diagnose, and our clients are told so.
• You must not give medical, medication, legal or financial advice. Where a family asks for something outside your scope, say so clearly and tell us, so we can signpost them properly.

Work within your competence. If a child’s needs move beyond what you can safely support, raise it with us rather than improvising. The detail of how to work day to day is in our Code of Conduct and Online Tutoring Rules, which forms part of this agreement.

The welfare of the child is paramount. You must read, follow and keep to our Safeguarding and Child Protection Policy and complete safeguarding training appropriate to your role before your first session, refreshing it at least every two years.

Any concern, disclosure, allegation or boundary breach must be reported to the DSL, Jake Owen, at jake@remarkableminds.app, without delay and on the same day wherever possible. You must not investigate a concern yourself or decide it is too small to pass on. Where a child is in immediate danger, call 999 first and tell us straight after.

You must cooperate fully with any safeguarding enquiry by us, a local authority, a designated officer or the police, including where the enquiry concerns you.

Remarkable Minds does not currently record video or audio of sessions. Recording is switched off on our video platform, so no recording of a session is made, kept or stored.

What we do create is a written transcript. Online sessions delivered on the platform are transcribed: speech is converted to text live during the session and the transcript is stored. This protects children, and it protects you. By accepting this agreement you consent to your online sessions being transcribed, and to the transcript being stored, read and disclosed on the terms set out in our Session Recording and Transcription Policy. Transcripts are deleted automatically 90 days after the session, unless a safeguarding concern, complaint or legal claim means one has to be preserved.

You must not make your own recording, screen capture, photograph or separate transcript of a session, including with an artificial intelligence note-taker, and you must not ask a family to make one. In-home sessions are neither recorded nor transcribed: nothing at all is captured. If you do not consent to your online sessions being transcribed, you cannot deliver online sessions through the platform, though in-home work is unaffected.

If we ever decide to record video or audio, we will update the Session Recording and Transcription Policy, tell you before the first recorded session takes place, and ask you to accept an updated version of this agreement under section 19. Recording will not apply to you until you have accepted that new version.

Your rate for each piece of work is agreed with you before you accept it and is confirmed in your Key Information Document, which sets out what you will be paid, who pays you, and what is deducted. Rates are quoted gross of any tax you owe.

Clients pay Remarkable Minds. We collect the client fee, retain our platform fee at the percentage shown in your Key Information Document, and pay the balance to you. We will tell you before any change to that percentage takes effect, and a change never applies to work already booked.

We operate self-billing where you agree to it, raising an invoice on your behalf from the sessions recorded as delivered. Otherwise you invoice us. Payment runs are made monthly and land in your nominated account within 30 days of the end of the month in which the session was delivered, provided the session has been marked as complete and there is no live dispute or safeguarding matter attached to it. You are responsible for keeping your payment details current, and for telling us promptly if a payment looks wrong.

Once you have accepted a booking we expect you to deliver it. If you have to cancel, tell us as early as you can and never later than 24 hours before the session, except in an emergency. Repeated late cancellation is a conduct matter.

If a client cancels with less than 24 hours’ notice, or the child does not attend, we pay you for the session under our published cancellation terms. If a child has not joined an online session after ten minutes, stay in the room, message the family through the platform, and tell us. Do not chase a family through personal channels.

Introductions are the service we provide, and they cost us money to make. For as long as this agreement is in force, and for 12 months after it ends, you must not directly or indirectly provide paid services to a client introduced to you by Remarkable Minds outside the platform, and you must not solicit or encourage a client to move off the platform.

This does not stop you working with a family you already worked with before the introduction (tell us at the point of introduction), and it does not stop a family choosing to work with you elsewhere on their own initiative after this agreement ends, as long as you did not encourage it. Keeping the work on the platform is also what keeps the safeguarding, recording and complaint routes in place, which is why we take it seriously.

If a client asks you to work off-platform, tell them the booking has to go through Remarkable Minds and let us know.

You will learn confidential information about children, families and our business. You must keep it confidential during this agreement and afterwards, use it only to deliver the work, and never share it with anyone who does not need it. The only exceptions are a safeguarding disclosure made under section 7 and anything you are required by law to disclose.

In handling personal data you must comply with the UK GDPR and the Data Protection Act 2018. Information about a child’s health, diagnosis, neurodivergence or disability is special-category data and needs particular care. You must:

• keep session notes to what is necessary, factual and proportionate
• store any notes on an encrypted, password-protected device that only you use
• keep the platform as the primary record wherever possible
• never store a child’s details in a shared or personal cloud folder, or on paper left unsecured
• never use a child’s data, work or image for marketing, training or any artificial intelligence tool without our written agreement and the parent’s consent
• tell us within 24 hours of becoming aware of any actual or suspected personal data breach
• return or securely delete client information when this agreement ends, unless you must keep it by law

How we handle your own data, and the data of the families you work with, is set out in our privacy policy.

You are expected to hold, at your own cost, current insurance appropriate to the work you do, with a minimum of £1m Professional Indemnity and £5m Public Liability cover. Cover must be in place before your first session and maintained without a gap for as long as you take work through us. Public liability cover is essential if you deliver in-home sessions.

You must give us a copy of the certificate or schedule showing the limits and the expiry date, tell us when it renews, and tell us immediately if the cover lapses or changes. Remarkable Minds is not your insurer and our own insurance does not cover your practice.

You keep the intellectual property in the teaching materials, worksheets, plans and resources you create yourself, and you are free to use them elsewhere. By using them on the platform you give us a non-exclusive, royalty-free licence to host, display and share them with the family the session was for, and to keep a copy for our records and for any safeguarding, quality or complaint matter.

Where we ask you to create something specifically for Remarkable Minds and pay you for it, that material belongs to us and we will say so in writing at the time. Anything we give you, including our task library, templates, brand and platform content, remains ours and may be used only for delivering work through us. You must have the right to use any third-party material you bring into a session.

Either of us may end this agreement at any time by giving the other 14 days’ written notice. Bookings already accepted should still be delivered, or handed back to us in good time so a family is not left without support.

We may suspend your account immediately and without notice where we consider it necessary to protect a child, to investigate a safeguarding concern or allegation, or where your vetting has lapsed. Suspension is a neutral act and is not a finding against you. We will tell you the reason unless doing so would prejudice a safeguarding enquiry or a police investigation.

We may end this agreement immediately where you materially breach it, where you are barred from working with children, where your vetting cannot be completed or maintained, where a regulator removes you from its register, or where we conclude on reasonable grounds that you are not suitable to work with children through our platform. Where the law requires it we will make a referral to the DBS, and where appropriate we will inform your professional regulator.

Sections 11, 12, 14, 17 and 18 survive the end of this agreement.

If a client complains about your work, we will tell you, give you a fair opportunity to respond, and handle it under our complaints policy. You must cooperate with the process and must not contact a complainant directly about their complaint.

If you want to complain about us, use the same route: complaints@remarkableminds.app. You will not be treated unfavourably for raising a genuine concern, including a safeguarding concern about a colleague or about us.

Nothing in this agreement limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

Subject to that, neither party is liable to the other for loss of profit, loss of business, loss of anticipated earnings or any indirect or consequential loss. Our total liability to you arising out of this agreement in any twelve-month period is limited to the total fees we paid you in that period.

You are liable for, and will indemnify us against, claims arising from your own acts or omissions in delivering a session, from your breach of this agreement, and from any misdescription of your qualifications or scope of practice.

This agreement, together with your Key Information Document, our Code of Conduct, our Safeguarding Policy, our Session Recording Policy and our website terms, is the whole agreement between us and replaces anything said or written before it. Where those documents conflict, this agreement takes precedence, except on safeguarding, where the Safeguarding Policy prevails.

You may not assign or subcontract this agreement or send a substitute to deliver a session in your place, because the family is matched to you and vetted against you. We may assign this agreement to a successor to our business. No one other than you and us has any right to enforce it. If any part of it is found to be unenforceable, the rest continues to apply. Notices may be given by email to the addresses we hold for each other.

This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from it.

We may update this agreement. Minor corrections, clarifications and changes to contact details take effect when we publish them on this page. Where we change the substance of the terms, we publish a new version number, email you at least 14 days before it takes effect, and ask you to accept the new version in your account.

Your acceptance is recorded against the version number and the date and time. Until you accept a new required version you may not take new bookings. If you would rather not accept a new version, you can end this agreement under section 15 instead.

This agreement is owned and approved by the directors of Remarkable Minds Ltd and is reviewed at least annually, and sooner if legislation, guidance or how we operate changes significantly.