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Do I have any legal responsibility as a free online tutoring service?

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kcnuf

Member
I recently started a free online tutoring service for students run by college-student volunteers from various colleges (including myself); there is no money involved whatsoever (no expenses, no revenue). However, we want this to be worry-free while also prudent about any potential legal responsibilities or liabilities. Since tutors (who have no commitment, are screened and apply, and receive no pay) Zoom with students (minors), should I take any legal steps regarding privacy for students'/tutors' information? I heard of LLC, but since this is like a non-profit service, we are not an official 501(c) because we have no revenue/taxes and do not plan to. Am I overcomplicating this, or is there a way to guarantee some safety net for our service somehow? Also, can we call ourselves an organization, or do you need approval for that.
 


quincy

Senior Member
I recently started a free online tutoring service for students run by college-student volunteers from various colleges (including myself); there is no money involved whatsoever (no expenses, no revenue). However, we want this to be worry-free while also prudent about any potential legal responsibilities or liabilities. Since tutors (who have no commitment, are screened and apply, and receive no pay) Zoom with students (minors), should I take any legal steps regarding privacy for students'/tutors' information? I heard of LLC, but since this is like a non-profit service, we are not an official 501(c) because we have no revenue/taxes and do not plan to. Am I overcomplicating this, or is there a way to guarantee some safety net for our service somehow? Also, can we call ourselves an organization, or do you need approval for that.
Online tutoring on its own is not a problem. If your tutors will be online with minors, however, you should require parental consent.

With any business, insurance coverage is a good idea.
 

PayrollHRGuy

Senior Member
should I take any legal steps regarding privacy for students'/tutors' information?
Yes, of course, you should.
Am I overcomplicating this, or is there a way to guarantee some safety net for our service somehow?
If anything you are under complicating it. and there is no way "to guarantee some safety net" either for your service or you as an individual.
 

quincy

Senior Member
It might be smart to keep names to first names only and only use email addresses for both students and tutors.
 

kcnuf

Member
Thank you for the advice. From students, the only contact info we collect is email, no names. To register, students simply fill out an online Google Form with contact info and their subjects they want help in and then a tutor emails them to start whenever they can. Would it suffice to have students check a box on the form saying they agree to not sue the service if something happens to them during a lesson, and that individual tutors are held responsible? Also, we are in Missouri. This is not a business as we do not have any real employees (no pay) and they have no commitment. Also, we have no funds so insurance is not a feasible option. Appreciate the help!
 

quincy

Senior Member
Thank you for the advice. From students, the only contact info we collect is email, no names. To register, students simply fill out an online Google Form with contact info and their subjects they want help in and then a tutor emails them to start whenever they can. Would it suffice to have students check a box on the form saying they agree to not sue the service if something happens to them during a lesson, and that individual tutors are held responsible? Also, we are in Missouri.
Thank you for providing your state name, kcnuf.

You really cannot prevent a lawsuit, although the service you are providing is a relatively risk-free one (as long as your tutors are not idiots :)). If a student is not satisfied with what they are learning from one tutor, however, you might want to make it fairly easy for a student to switch to another one.
 

Zigner

Senior Member, Non-Attorney
Would it suffice to have students check a box on the form saying they agree to not sue the service if something happens to them during a lesson, and that individual tutors are held responsible? Also, we are in Missouri.
Are you asking if the MINOR student can agree to waive rights?
 

quincy

Senior Member
I mentioned that parental consent should be required. The risks become greater if the students are minors and the tutors are over 18.
 

kcnuf

Member
I have a box on the Google Form that asks if students gained parental consent. Does that count? Also, am I eligible to have an LLC given this description above, or is there some other way I should go about this? It's stressful thinking about how complicated everything is nowadays, even for a great service like this that should be hassle-free to help others. I do not imagine having any problems since our tutors are screened to the best of our ability (that we can do for free) and come from top universities, but you never know.
 

Zigner

Senior Member, Non-Attorney
I have a box on the Google Form that asks if students gained parental consent. Does that count?
Nope.
I do not imagine having any problems since our tutors are screened to the best of our ability (that we can do for free) and come from top universities, but you never know.
I think it is unlikely that you will encounter problems as well...but it only takes once. You need insurance.
(Free online background checks are pretty useless, and the cheap paid ones aren't really any better.)
 

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