More and more people are deciding to join a learning pod or hire a private teacher, facilitator, or tutor for their kids. Anytime someone works in your home, you should consider whether a non-disclosure agreement is right for you and your family. If constant home visits by teachers or tutors present privacy concerns for you, consider setting up a non-disclosure agreement (NDA). Information presented in this blog post is not intended to be legal advice.

What is a Non-disclosure Agreement?

A non-disclosure agreement, or an NDA, is a legally binding written contract that creates a confidential relationship between two parties. By law, the party signing the NDA cannot reveal any sensitive information acquired during employment. Essentially, it functions as a secrecy agreement and the perfect solution to protect your privacy and other confidential information.

There are different types of NDAs. You can enter into a unilateral NDA with a teacher or tutor. In this case, only one party, the teacher or tutor, remains prevented from disclosing any information to a third party. Since a teacher visits your home regularly, they can overhear personal conversations or something related to your work, which you might want to keep private. A unilateral NDA will bind the teacher not to reveal such information to anyone. Alternatively, you can sign a bilateral NDA, which binds both parties, and a multilateral NDA, which binds three or more parties to keep sensitive information confidential.

Key Elements

You can customize the NDA according to your needs, but you will likely want to make sure that it covers all the followings points:

• The name of both parties to the agreement.
• Precisely explain the kind of information you wish to keep confidential.
• Explain how the information can or cannot be used.
• Mention the period for which the agreement will remain in operation.
• Keep the language simple to limit confusion regarding the agreement’s terms.
• Read and explain the terms to your teacher or tutor to avoid misunderstandings.

However, an NDA will not protect any information your teacher or tutor already knows before signing it. An NDA cannot safeguard any information already in the public domain.

Benefits

If you have set up an NDA, you’ll have peace of mind about your privacy and a course of action if violated. Setting up an NDA is like an insurance for confidential information. There are numerous benefits to this contract. For instance:

1. 1. You can tailor the confidentiality obligations and agree when a teacher or tutor will (and will not) be bound by such obligations.
      
      
   2. You can define what constitutes confidential information that the NDA protects. Confidential information can include the study materials you make available to the teacher, any information about your work while working from home, or personal information about your family acquired in the home setting.
      
      
   3. The NDA will include provisions regarding the consequences of the breach of the agreement. The contract functions as an essential legal document, and if violated, teachers will have to compensate you for any damages. Apart from compensation, you can also approach a court and seek an injunction to prevent a teacher from disclosing confidential information protected by the NDA. You will also be entitled to recover costs for such relief from that teacher.
      
      
   4. An NDA will maintain the secrecy of any information you share with the teacher or tutor. The agreement will also prevent the disclosure of information regarding any intellectual property.
      
      
   5. The type of information covered by an NDA is virtually unlimited. Confidential information includes any knowledge exchanged between you and the teacher or tutor, such as test results or unique curriculum plans for your child.
      
      
   6. Not having an NDA can leave you in a vulnerable position. You’ll have no solid legal recourse if your teacher reveals any sensitive information about you in the public domain. A court is less likely to grant an injunction for preventing such information disclosure in the absence of an NDA.

Overview

For those preparing to take part in a learning pod, hire a private teacher, or more, consider setting up an NDA to safeguard your privacy. If you’re still unsure whether you should require a contract, then consult with professional legal help. Once you’re ready to start, visit Anything Academic to find quality learning professionals for your student!