How does a mentoring group cover themselves legally?

Question

I'm a member of the Philadelphia Immigrant Mentoring Collaborative, a new nonprofit started by students at the University of Pennsylvania. We offer mentoring sessions to high school students, especially those with an immigrant background, in various academic subjects.

We would like to make sure we wouldn't get sued by our clients if something happens, so with whatever common sense knowledge we had, we pieced together this permission slip. We would really like for a lawyer to look over our permission slip and make sure we've covered ourselves legally.

We just started this summer, and as of now we are not incorporated or registered or anything like that.

Thanks for your help! This is our slip so far.:

Mentee Permission Slip
Dear Student (and parent or guardian, if student is under 18):
Welcome to the Philadelphia Immigrant Mentoring Collaborative (PIMC)! We offer immigrant students tutoring in conversational English, as well as school subjects, and help in navigating grade school and planning for college. Our program aims to help new Philadelphians adapt to the American school system and gain self-confidence and academic success in the process.

By signing below, you (in this document, "you" refers to the student, and the student's parent or guardian, if the student is under 18) agree to meet with one or more assigned mentors from the University of Pennsylvania and/or other Philadelphia area colleges at least once a week at a public space, such as the __________ on XXXXXXXXXXXXXXX or the __________ on XXXXXXXXXXXXXXX, at an agreed upon time of the student's and his/her assigned mentor's choosing. You agree that the student will be participating in a tutoring session organized by the Philadelphia Immigrant Mentoring Collaborative and that if the student cannot attend a meeting, the student must notify his/her assigned mentor in advance. You also agree that the student will not hold the PIMC, any of its affiliates, including agents, employees, volunteers, or sponsors, liable for any accidents, injuries, or harm incurred at any time while participating in this activity. You acknowledge that the student and/or his/her assigned mentor can opt out of this program at any time. In addition, you acknowledge that at any time, the student may be assigned a different mentor with subsequent notice. You also agree that you will review any new versions of this permission slip as soon as they are made available to you.

If at any time the student, or parent or guardian (if the student is under 18) would no longer like to participate in the program, please notify us at XXXXXXXXXXX or at one of the following phone numbers: Mandarin: ____________ at (XXX) XXX-XXXX, Cantonese: ____________ at (XXX) XXX-XXXX, or English: ____________ at (XXX) XXX-XXXX.

If you have any questions, please email us at XXXXXXXXXXX, or contact one of our organizers at the above listed phone numbers.

Thank you,
Philadelphia Immigrant Mentoring Collaborative


Student Name __________________________________________________ ___________

Student Signature ___________________________________ Date ________________


Parent/Guardian Name (if student is under 18) __________________________________

Parent/Guardian Signature (if student is under 18) ________________ Date ___________

Answer 1

Wow, that is the most complete, succinct, and utterly unenforceable bunch of pablum I have ever read. It means absolutely nothing, compels no one to do anything, and gives no consideration, whatsoever. It is not a contract (agreement), in any sense of the word.



In order to be binding, there must be an offer in consideration (I am willing to do/give something if you will do/give something). If either party can walk out at any time without repercussion, then it is not a contract. It also doesn't spell out what the consequences are to either party for non-performance (termination from program, termination from employment, etc).



If you are offering your services for free, then you don't need a legal binder, at all. If you are charging people for this, then this agreement would never hold up in court and anyone could demand his money back.



If you are charging money, then any agreement/statement/contract, whatever you want to call it, must contain the obligations of each party, the consideration paid by each party (money, tutoring, books, translation services, whatever), examples of breach, consequences of breach, time frames, expectations (you will learn conversational English with __years), etc. This form addresses none of those things.



Spend a couple of hundred dollars and get it done right by a lawyer.

Answer 2

First off, if the mentor has changed, why would you give subsequent (after the fact) notice of a change?

Answer 3

Since the University is mentioned in this waiver, you should run it by your dean.