This Tutoring Agreement (“Agreement”) is entered into upon the date of submission of this form by and between The Tutor Team LLC. (which includes all independent contractors working under The Tutor Team LLCs name (the “Tutor”) and the client named on this contract (the “Guardian”) on behalf of the Student (hereinafter collectively referred to as the “Parties” and individually to as the “Party”) and sets forth the arrangement between the Parties relating to providing tutoring services commencing on the scheduled date in accordance with the terms and conditions set forth below:
Whereas a tutor from The Tutor Team LLC will provide tutoring services to the student.
1. FEES PAYABLE TO THE TUTOR TEAM LLC.
Tutoring fees will be based on the agreed-upon package. The Parties agreed that no further fees other than processing fees and late fees (if applicable) shall be charged for anything outside of the agreed-upon rate. Fees may be adjusted from time to time and shall become effective after having given the student 10 (ten) days prior notice via the monthly newsletter and/or email. Payment shall be made monthly by the due date stipulated on the invoice and shall be paid directly to The Tutor Team LLC. No payments will be made directly to the tutors. Payments made after the due date will incur a $10 late fee, which will be added to the invoice.
2. SCHEDULE OF LESSONS
Tutoring shall commence on the scheduled date and thereafter will continue as mutually agreed upon by the Tutor and the Guardian.
3. CANCELLATION OF LESSONS BY STUDENT
If the student is unable to attend the online session, the class will not be refunded. The tutor is not obligated to reschedule the missed session. Please contact us if you need to cancel, so we can try to minimize missed classes.
4. CANCELLATION OF LESSONS BY TUTOR
If the tutor needs to cancel, the class will be rescheduled by the tutor at an agreed-upon time with the guardian, or will take place at the regularly scheduled class time with a substitute tutor.
5. LATE ARRIVAL
Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.
6. OBLIGATIONS OF THE TUTOR TEAM LLC
The Tutor Team LLC undertakes to ensure all preparation prior to lessons and that lessons will be structured in such a way as to optimize time to the benefit of the Student;
The Tutor Team LLC and affiliated tutors will keep all student and family information confidential;
The Tutor is not obliged to execute homework or assignments on behalf of the Student, however, he shall do all his best to explain the material duly to enable the Student to do his/her homework properly.
7. OBLIGATIONS OF THE STUDENT
The Student undertakes to assist the Tutor in identifying problem areas in which the Student needs specific tutoring;
The Student undertakes to attend lessons and to do his best to gain knowledge and obtain new skills as well as to do his/her homework tasks assigned by the Tutor;
The Student agrees that assignments, exercises, or homework are an integral part of tutoring and undertakes to complete such work properly and on time.
8. GUARANTEES
The Tutor makes no guarantees or warranties concerning a Student's performance as a result of any tutoring provided.
9. LIABILITY DISCLAIMER
The Tutor Team and the owners of any venue used for tutoring sessions are not liable for any injury, accident, or loss that may occur to persons or personal property resulting from attending tutoring sessions. By enrolling your child, you acknowledge and accept that The Tutor Team LLC, its tutors, affiliates, as well as the venue owners cannot be held responsible for any personal injury, damage, or theft of belongings at any time.
10. GENERAL PROVISIONS
Entire Agreement. This Agreement contains the entire understanding of the Parties with respect to the use of The Tutor Team LLC’s services and supersedes any and all prior understandings, written or oral. This Agreement may not be amended, waived, discharged, or terminated orally, but only by an instrument in writing, specifically identified as an amendment to this Agreement, and signed by all Parties.
Severability. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable under present or future laws, such provisions shall be severable, this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.
Termination. This Agreement may be terminated by either party at any time by giving the other party 7 days prior written notice. Any prepaid classes remaining will not be refunded.
Minors. In the case where the Student is a legal minor, the Parent(s) shall enter into this Agreement on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
Dispute Resolution. If a dispute arises during or after the term of this Agreement between the Parties, they shall agree to negotiate amongst themselves, in "good faith", before any litigation. In case of impossibility to resolve the dispute by negotiation, all disputes under this Agreement shall be settled by arbitration in Walton County, Florida. Arbitration may be commenced at any time by any party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto. This provision for arbitration shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding without the right of appeal.
Governing Law. This Agreement shall be construed under and in accordance with the laws of Florida. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be duly executed and delivered.
