Prek2PhD Terms & Policies
1.1 Services: The Company shall assign a tutor (the “Tutor”), who is an independent contractor of the Company, to tutor the person who is to be tutored and listed in the Student Enrollment Form attached to this Agreement (the “Student”) on the academic subjects provided in the Student Enrollment Form.
1.2 Location: Tutoring sessions may take place at any of the following locations: 1) the Client’s home; 2) the PreK2PhD, LLC’s home office; 3) a Tutor’s office’ 4) the Student’s school; or 5) another public location, such as a library or café. The Client may choose the location, but must notify the Tutor of a change in location at least 24 hours prior to the tutoring session.
1.3 Late Arrival: No adjustments to the Fee or scheduled time will be made for lost time because of the Student’s late arrival to the scheduled tutoring session. If the Tutor arrives late to a scheduled session, the session will be extended by the amount of time that was lost or a new lesson will be scheduled to compensate the amount of time that was lost due to the Tutor’s late arrival.
1.4 Scheduling: The Company shall arrange the first tutoring session between the Client and the Tutor. The Client may schedule additional tutoring sessions by contacting the Company directly. Each tutoring session, regardless of location, must be a minimum of 60 minutes in duration and must not exceed the term of this Agreement as specified in Section 1.3. Client will be charged for one half hour for any session lasting longer than fifteen (15) minutes over the scheduled duration.
1.5 Cancellation and Rescheduling: To cancel or reschedule a scheduled tutoring session, the Client shall notify the Tutor by phone at least 24 hours prior to the tutoring session. If the Client does not cancel or reschedule at least 24 hours in advance, then Client shall pay for the full amount of the scheduled tutoring session. Exceptions can be made for extraneous circumstances on a case by case basis, as determined by the Company.
1.6 Visitors: No visitors are allowed at the tutoring sessions without prior written consent from the Tutor or Company. Only students registered with PreK2PhD, LLC may attend a tutoring session.
1.7 Grievance Process: Feedback or concerns should be directed to Mrs. Renata McFail at (832) 474-6590 or email@example.com as soon as possible to ensure a positive, supportive relationship for the Student.
1.8 Tutor Replacement: In the event the normally assigned Tutor is temporarily unavailable, the Company reserves the right to assign another Tutor until the regular Tutor is available. Client and Company understand that irreconcilable conflicts between Client and tutor may result in Company having to find a new tutor for Client and a delay in tutoring services. For that reason, Client must report any conflicts with tutor to Company as soon as they arise, and Client agrees to help Company in trying to reconcile any conflicts with tutor.
1.9 Tutor’s Independent Contractor Status: The Tutor and all other tutors of the Company are independent contractors. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY MISREPRESENTATIONS, ERRORS, OMISSIONS OF ANY KIND, NEGLIGENCE, CARELESSNESS, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR ANY OTHER PROBLEMS OR DISPUTES WHICH THE TUTOR MAY CAUSE OR BE INVOLVED IN OR THAT MAY ARISE DURING THE TERM OF THIS AGREEMENT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY NEGLIGENT, GROSSLY NEGLIGENT, OR INTENTIONAL ACTS BY THE TUTOR. The Tutor has no authority to make representations or agreements on behalf of the Company, or to bind or otherwise obligate the Company in any manner, and may not represent otherwise.
Article 2 – Fees
2.1 The Company reserves the right to charge further fees associated with traveling or preparation of the Tutor. Fees may be adjusted by the Company and shall become effective after having given the Client thirty-day (30) day notice.
2.2 Payment Methods: The Parties shall agree upon one of the following payment methods:
Payment shall be made immediately upon completion of a tutoring session OR Payment shall be made weekly/monthly in advance. Payment may be made by cash, check, credit card, cashier’s check, or money order made payable to PreK2PhD, LLC.
2.3 Late Payments: If the Client does not make a payment within five (5) business days of the time of service, the Client shall pay a $25.00 late fee. If the Client does not make the payment within ten (10) business days of the time of service, the Client shall pay a $40.00 late fee. If the Client does not make a payment within eleven (11) days of the time of service, the Company may suspend the tutoring services provided under this Agreement.
2.4 Expenses: The Client shall pay any reasonable and necessary out-of-pocket expenses arising from or incidental to the tutoring sessions, including but not limited to 1) additional books, 2) additional materials, and 3) facility rental fees. The Client shall pay for reasonable and necessary out-of-pocket expenses associated with Tutor travel for sessions outside of Harris County, Houston, Texas.
Article 3 – Representations and Warranties
3.1 Parties: The Client represents and warrants that the Client is over the age of 18 and is the custodial parent or legal guardian of the Student.
3.2 No Warranties: The Company does not warrant that the Student’s academic performance will improve as a result of the tutoring services provided under this Agreement.
Article 4 – Confidentiality
4.1 Confidential Information. The Student’s personal information, educational records, personal circumstances, and history are Confidential Information under this Agreement.
4.2 Student Privacy. The Company shall not disclose the Confidential Information to any third parties without the Client’s permission. The Company may contact other parties involved in the Student’s education, including teachers, counselors, and other school administrators, if the Client gives the Company permission to do so.
Article 5 – Termination
5.1 Termination: This Agreement may be terminated by either party at any time by giving the other party thirty (30) days prior written notice. In the event this Agreement is terminated, the Client must make any outstanding payments within five (5) business days following termination.
5.1.1 If proper thirty (30) days’ notice is provided, the Company shall refund the Client the remainder of fee(s) for unperformed tutoring sessions. If proper notice is not provided, the Company shall refund the Client the remainder of fee(s) for unperformed tutoring session, less a penalty of $100 for inconveniencing the Company.
Article 6 – General Provisions
6.1 Assignment: Neither party shall have the right to transfer or assign any interest in this Agreement without the prior written consent of the other party.
6.2 No Waiver: The failure or delay in the enforcement of the rights detailed in this Agreement does not constitute a waiver of those rights or may be considered as a basis for estoppel.
6.3 Entire Agreement: This Agreement, including the Student Enrollment Form attached above, represents the entire agreement between the Parties. Any waiver, alteration, amendment, or modification of any provisions of this Agreement is not valid unless in writing and signed by both of the Parties.
6.4 Severability: If any provision of this Agreement is illegal or unenforceable, that provision is severed from the Agreement, and the other provisions remain in effect.
6.5 Governing Law: The laws of Texas, without regard to its conflict of laws principles, govern all matters arising under or relating to this Agreement, including torts.
6.6 Choice of Forum: The state and federal courts situated in Harris County, Texas shall have exclusive jurisdiction and venue over any disputes between the Parties arising out of or to this Agreement.
6.7 Minors: Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.